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Webster  Family  Library  of  Veterinary  Medicine 

Oiinmings  School  of  Veterinary  Medicine  at 

Tufls  University 

200  Vy/estboro  Road 

North  Grafton,  MA  01536 


THE  ADVENTURES 


GENTLEMAN  IN  SEARCH  OF  A  HORSE. 


THE 

ADVENTURES 

OF  A  GENTLEMAN 

IN  SEARCH  OF  A  HORSE 

By   sir   GEORGE   STEPHEN. 


Verbum  sapienti : — "A  nod  is  as  good  as  a  -wink  to  a  blind  horse." 

Trin.  Coll.  Dub. 


Btprinttlt  from  tf)c  last  !Lontion  C^tittion. 


PHILADELPHIA : 

JOHN  W.  MOORE,  No    195  CHESTNUT  STREET, 

OPPOSITE  THE  STATE  HOUSE. 
1857. 


hoi 


HENRY  B.   ASHMEAD,   BOOK   AND  JOB   PRINTER, 
George  Street  above  Eleventh. 


Itotia  from  tlje  |ul}Iis|tr. 


Six  editions  of  this  work  having  been  publish- 
ed in  England,  and  the  constant  orders  for  its 
importation  in  this  country,  notwithstanding  its 
high  price,  together  with  the  earnest  solicitation 
of  many  friends,  has  induced  the  pubHsher  to 
present  it  in  a  new  form  before  the  American 
public,  fully  satisfied  that  the  work  will  afford 
enough  of  novelty  and  interest  to  amuse,  as 
well    as    instruct   those   who   may   give   it   a 

perusal. 

J.  W.  MOOPtE. 

Philadelphia,  May,  1857. 


frtke  to  t|c  Sid|  Cbitiou. 


So  many  friends  have  stated  to  me  that  the 
anonymous  publication  of  my  work  deprives  it 
of  half  its  value  as  a  book  of  reference,  that  I 
have  been  induced  to  prefix  my  name  to  this 
sixth  edition.  I  never  concealed  it  from  any 
puerile  affectation,  but  simply  because  I  doubt- 
ed the  professional  propriety  of  appearing  as  an 
author  in  such  a  form.  If  my  chents  should 
hereafter  reproach  me  with  the  indecorum,  I 
may  at  least  quote  the  approbation  of  the  pub- 
lic as  an  excuse. 

My  readers  will  perceive  that  in  this  edition 
I  have  been  obliged  to  resort  in  many  instances 
to  newspaper  authority  for  recent  cases.     I  am 


Vlll  PREFACE. 

conscious  that  this  is  extremely  unprofessional; 
but  I  have  no  alternative,  as  some  of  the  cases 
have  not  yet  been  legally  reported.  The  Times 
however,  is  the  paper  that  I  have  quoted,  and 
much  as  I  differ  from  its  politics,  I  only  ex- 
press the  general  opinion  when  I  say  that  the 
accuracy  of  its  reports,  whatever  may  be  the 
subject,  is  extraordinary.  I  have  understood 
that  its  law  reports  are  furnished  by  a  gentle- 
man at  the  bar;  and  therefore,  independently 
of  the  acknowledged  character  of  the  paper,  I 
am  satisfied  that  their  general  correctness  may 
be  trusted. 

GEORGE  STEPHEN. 


THE  ADVENTURES 


GENTLEMAN  IN  SEARCH  OF  A  HORSE. 


CHAPTER  I. 

Weary  of  my  own  weight,  I  sallied  forth  one  fine 
morning  in  January,  with  fifty  guineas  in  my  pocket, 
bent  on  finding  myself  well  mounted  on  a  good 
hackney.  It  is  now  the  loth  of  March,  and  I  am 
still  without  a  horse,  and  minus  far  more  than  fifty 
guineas,  except  a  right  of  action  against  a  dealer,  of 
doubtful  solvency.  The  publication  of  my  adven- 
tures in  this  Quixotic  expedition,  and  some  former 
ones  of  a  similar  character,  may  possibly  replace  a 
part  of  my  loss ;  if  not,  the  next  greatest  pleasure 
to  benefiting  oneself  is  to  do  good  to  others  !  I  will 
therefore  give  my  friends  the  fruits  of  my  horse- 
dealing  experience. 

My  first  recourse  was,  naturally  enough,  to  the 
9 


10      THE  ADVENTURES  OF  A  GENTLEMAN 

advertisements  of  the  papers.  Cobs,  hunters,  and 
hacks,  were  as  plentiful  as  blackberries  in  Septem- 
ber. The  difficulty  was  only  where  to  choose. 
*' The  neatest  little  cob  in  London,"  ''the  best  hack 
that  ever  was  mounted,''  "that  well-known  hunter 
Tantivy,  equal  to  fifteen  stone  up  to  any  hounds," 
all  offered  themselves  to  my  delighted  eyes :  and 
away  I  went,  to  try  them  all  and  buy  the  best. 

My  reader  must  excuse  me  for  a  little  digression, 
to  give  him  some  account  of  myself,  so  far  as  re- 
gards my  equestrian  capabilities,  otherwise  he  will 
not  enter,  as  fully  as  I  could  wish,  into  the  merits 
of  my  story.  Be  it  known,  then,  that  I  ride  rather 
more  than  twelve  stone — have  a  good  seat — never 
was  afraid  of  a  horse  in  my  life — stand  about  five 
feet  nine  inches ;  and  being  still  under  middle  age, 
I  am  of  course  far  from  indifferent  whether  I  am 
well  mounted.  Such  I  take  to  be  the  average  pre- 
tensions of  nineteen  out  of  twenty  gentlemen  in 
search  of  a  horse. 

My  first  adventure  was  with  a  Quaker.  There 
are  few  things  in  which  the  Society  of  Friends 
evince  their  characteristic  shrewdness  more  than  in 
their  judgment  of  horse-flesh.  I  have  a  most  sin- 
cere respect  for  them,  both  in  their  collective  and 


IN   SEARCH  OF  A   HORSE. 


11 


individual  character.  I  have  long  known  many  of 
them,  and  my  acquaintance  has  taught  me  to  value 
and  esteem  them ;  I  therefore  approached  the  owner 
of  the  first  object  of  my  speculation  with  much  con- 
fidence. It  was  a  well-bred,  gay  little  gelding,  full 
of  life  and  spirit :  and  though  scarcely  high  enough 
for  my  taste,  I  approved  and  purchased  him.  Friend 
Joseph  was  very  precise  with  me.  "There  is  the 
horse,  friend ;  my  price  is  thirty  guineas." 


"Will  you  allow  me  to  try  him,  Sir?"  "Thou 
art  a  stranger  to  me,  friend ;  thou  may  est  injure  the 
animal,  and  we  shall  not  know  who  is  in  fault." 

"Will  you  warrant  him.  Sir?"  "He  has  always 
carried  me  well,  friend :  I  believe  him  to  be  sound, 
but  few  men  are  agreed  upon  what  soundness  is." 


12      THE  ADVENTURES  OF  A  GENTLEMAN 

"Is  thirty  guineas  the  lowest  price?"  ''I  have 
asked  thee  what  I  believe  to  be  his  just  value,  and 
I  shall  take  no  less." 

I  was  satisfied,  paid  my  money,  was  well  pleased 
with  my  purchase  for  three  days ;  and  then  disco- 
vered, what  very  little  reflection  might  have  told  me 
at  first,  that  the  Quaker  being  two  stone  lighter  than 
myself,  and  presumably  a  quiet  rider,  a  horse  that 
would  carry  him  safely,  would,  in  less  than  a  week, 
break  his  own  knees  and  endanger  my  neck !  But  I 
was  not  deceived ;  he  was  a  good  horse,  though  not 
fit  for  me.  I  sold  him  again,  and  lost  nothing  by 
him.  Some  time  after  he  was  driven  a  stage  of 
fourteen  miles,  and  kept  the  lead  of  a  chariot  and 
four,  with  a  new  married  couple,  starting  from  the 
church  to  spend  the  honeymoon  I  1  dare  say  that 
my  friends  will  not  have  yet  forgotten  the  celerity 
with  which  their  first  relay  was  ordered  out  at  Can- 
terbury ;  thanks  to  the  speed  of  my  Quaker. 

I  resolved  that  my  second  purchase  should  at  all 
events  be  strong  enough  to  bear  me.  I  therefore 
pitched  upon  a  cob;  he  was,  to  use  the  accepted 
phrase,  "built  like  a  castle  I"  there  was  "no  non- 
sense about  him,"  most  assuredly;  but  he  unluckily 
moved  like  a  castle !     I  have  the  greatest  aversion 


IN   SEARCH  OF  A   HORSE. 


13 


to  a  horse  that  "^'on't  go;"  it  is  an  eternal  trial  of 
one's   temper;   many   a   time   has   the   provocation 
brought   me  within   an   ace   of  Martin's   penalties. 
My  "castle"  had  "no  go"  at  all  in  him.     When  I 
first  brought  him  out  of  the  seller's  stable,  he  seemed 
as  gay  as  a  lark;  but  I  suppose  he  had  not  been 
used  for  a  twelvemonth;  at  the  end  of  a  mile  all  his 
"pluck"  was  gone,  and  my  wrath  began:  my  spurs 
were    sharp,   but    he    kicked!      A   good    ash-stick 
brought  him  to  his  senses,  and  restored  the  equili- 
brium;  nay,   it  did  more,   it  actually  compelled  a 
canter,  and  if  my  arm  only  had  been  in  fault,  I  had 
still  strength  enough  left,  to  have  coaxed  the  canter 
into  a  gallop;  but,  alas!  when  we  arrived  at  that 


14      THE  ADVENTURES  OF  A  GENTLEMAN 

focus  of  roads  and  confusion,  Battle-bridge,  whether 
it  was  that  he  knew  not  which  course  to  take,  I  can- 
not say,  but  he  paused  in  his  full  career  so  abruptly, 
that  I  found  myself  upon  his  neck,  instead  of  his 
back,  and  had  he  advanced  another  yard  I  should 
undoubtedly  have  found  my  own  back  on  the  ground. 
I  decided  on  my  course  at  once — I  walked  him  to 
the  Veterinary  College ;  ascertained  that  his  wind 
was  as  thick  as  his  carcase,  and  sold  him  at  Osborn's 
the  next  day  to  "a  timid  old  gentleman,"  for  whom 
he  was  "exactly  suited." 

My  third  attempt  was  somewhat  more  promising. 
A  very  respectable  stable-keeper,  with  whom  I  had 
had  former  transactions,  introduced  me  to  an  old 
hunter  of  his  acquaintance.  I  must  own  that  I  en- 
tertain great  distrust  of  your  hunters  converted  into 
hacks  !  but  the  introduction  was  good ;  the  horse  was 
gay ;  and  the  tout  ensemble  favorable ;  he  had  but 
one  fault,  so  far  as  a  day's  trial  could  discover.  He 
would  neither  pass  nor  be  passed,  either  by  stage, 
omnibus,  or  hackney-coach  L  a  matter  of  not  the 
slightest  consequence  in  Leicestershire ;  but  rather 
inconvenient  in  Oxford  street. 

I  was  speedily  remounted ;  nothing  is  more  easy 


IN   SEARCH  OP  A  HORSE.  15 

in  London.  "  A  charming  goer :  so  docile  that  a 
lady- might  drive  him  with  a  pack-thread,"  found  me 
seated  on  his  back  within  eight  and  forty  hours. 
His  charms  were  thrown  away  upon  me,  and  mine 
were  equally  powerless  with  him  ;  his  fault  was  two- 
fold— he  had  neither  legs  to  carry  him,  nor  wind  to 
go ;  much  less  with  twelve  stone  on  his  back ;  and 
after  much  solicitation,  equally  painful  on  both 
sides,  I  discovered,  to  my  chagrin,  that  he  would 
make  an  excellent  gig-horse,  but  had  an  insurmount- 
able objection  to  the  saddle !  He  was  sold  at  the 
Bazaar  to  a  butcher,  who  seemed  as  well  satisfied 
with  his  purchase,  as  I  was  to  get  rid  of  him. 

Another  "charming"  brute  attracted  my  atten- 
tion. I  am  not  much  of  a  dandy  at  any  time,  but 
by  some  confounded  ill-luck,  I  went  to  the  stables  on 
this  occasion,  in  a  new  coat,  new  hat,  new  trowsers, 
and  with  as  fashionable  an  exterior  as  the  gloss  of  a 
tailor's  shop  can  give.  To  make  matters  worse,  I 
wore,  what  I  seldom  use,  an  eye-glass.  The  conse- 
quence was  inevitable.  The  "sweetest  little  park 
horse  that  ever  was  crossed"  was  of  course  the 
"  very  thing  I  wanted."  I  thought  so  too  ;  but  the 
good  nature  of  the  dealer  saved  my  pocket,  whatever 


16 


THE  ADVENTURES  OF  A  GENTLEMAN 


might  be  his  good  intentions  ;  I  was  allowed  to  make 
trial  of  him.  We  danced  a  quadrille  together  with 
every  gentleman  and  lady  that  we  met  mounted  in 
Hyde  Park,  and  I  soon  found  that  the  lovely  crea- 
ture was  better  suited  to  Almack's  than  to  me.  He 
passaged  away  in  style  by  the  band  of  the  Guards, 


till  every  soldier  grinned  a  salute,  and  no  rhetoric  of 
mine  could  divert  him  from  his  obvious  purpose  of 
escorting  them  to  the  palace.  Once  indeed  I  pre- 
vailed on  him  to  turn  his  head,  but  it  was  only  to 
passage  the  other  way,  with  his  rump  instead  of  his 
face  to  the  troops.  At  last,  in  sheer  desperation,  I 
plunged  both  spurs  in  him  at  once ;  he  gave  a  spring 
that  would  have  cleared  a  horse  and  gig,  and  then 


IN   SEARCH  OF  A  HORSE.  17 

fairly  bolted;  running  "at  score"  to  his  stables 
again  !  I  would  as  soon  fondle  a  mad  dog  as  take 
such  another  dance  with  a  dandy ! 

However  men  may  differ  as  to  her  doctrines,  we 
all  approve  of  Miss  Martineau's  synthetical  method 
of  reasoning;  I  shall  with  all  humilily,  follow  her 
example.  I  conclude  my  first  chapter  (it  might  well 
be  called  the  chapter  of  accidents)  by  advising  my 
reader  before  he  starts  on  a  similar  expedition,  to 
ask  himself  seriously  the  question,  what  sort  of  a 
horse  he  wants  ?  It  is  a  curious,  though  an  un- 
doubted truth,  that  not  one  man  in  fifty  ever  thinks 
of  taking  this  ordinary  precaution.  Of  course,  I  do 
not  include  professed  sportsmen,  whether  in  the  field 
or  on  the  turf :  they  generally  "  understand  their 
business,"  and  set  to  work  accordingly ;  but  there 
are  some  hundreds,  perhaps  thousands,  who  at  the 
approach  of  summer  must  needs  buy  a  horse,  and, 
like  myself,  consider  it  much  the  same  thing  as 
buying  a  boot-jack ! 

To  answer  this  question  properly,  there  are  many 
points  to  be  considered :  the  first  essential  is  for  a 
man  to  inform  himself  honestly^  whether  he  is  a  good 
or   bad   rider.     Sir   Walter    Scott,    with    his   usual 


18      THE  ADVENTURES  OF  A  GENTLEMAN 

knowledge  of  human  nature,  justly  remarks  that 
there  are  few  men  under  twenty  who  would  not  feel 
more  ashamed  of  an  imputation  against  their  horse- 
manship than  their  morality.  The  age  might  be 
greatly  extended ;  yet  I  believe  there  is  not  one  man 
in  a  hundred  who  can  acquire  a  good  seat  on  horse- 
back, if  he  has  not  been  accustomed  to  the  saddle 
from  boyhood.  The  riding-school  may  correct  a  few 
faults,  but  it  will  never  make  an  adult  pupil  a  perfect 
master  of  his  horse.  If  a  man  does  not  possess  this 
advantage,  he  cannot  do  a  more  foolish  thing  than  to 
buy  a  horse  at  random,  merely  because  it  has  the 
outward  qualifications  that  please  his  eye.  I  may 
add  too,  that  even  in  point  of  appearance,  a  bad 
rider  will  look  more  ungraceful  upon  a  spirited,  high- 
mettled  horse,  however  showy,  than  on  an  animal  of 
more  moderate  pretensions,  but  whose  temper  is 
more  in  accordance  with  the  timidity  of  his  rider. 
Where,  however,  a  man  is  less  ambitious  of  show 
than  comfort,  he  cannot  be  too  careful  to  ascertain 
with  certainly  the  extent  of  his  riding  powers  ;  nor 
need  he  feel  ashamed  of  asking  a  dealer's  opinion  on 
this  point ;  for  there  is  not  a  man  in  the  trade  who 
cannot  tell,  the  instant  he  is  mounted,  whether  his 


IN   SEARCH  OF  A   HORSE. 


19 


customer  can  ride.  This  preliminary  inquiry  is  of 
great  importance  for  another  reason.  An  inexperi- 
enced or  timid  rider  will  often  throw  his  horse  down 
by  the  roughness  or  carelessness  with  which  he 
manages  his  bridle.  The  paces  of  a  horse  are  mate- 
rially affected  by  the  rein :  a  sudden  check  or  a 
violent  grasp  of  the  curb,  will  not  unfrequently  give 
a  tender-mouthed  horse  such  pain,  as,  to  quote  the 
emphatic  expression  that  I  once  heard  from  an 
ostler,  to  "strike  him  all  of  a  heap" — the  abruptness 
of  the  restraint  impedes  his  action,  and  makes  him 
stumble  over  Ms  own  legs. 


These  hints  will  be  useful  to  a  man  who  is  con- 
scious of  his  own  deficiency  ;  but  there  are  other  sug- 


20  THE  ADVENTURES  OF  A  GENTLEMAN 

gestions  that  are  valuable  even  to  those  who  have  no 
reason  to  distrust  their  horsemanship- 
There  are  not  many  men  who  are  acquainted  with 
their  own  weight  with  any  degree  of  accuracy  ;  yet 
the  importance  of  even  a  few  pounds  more  or  less 
upon  the  back  of  a  horse,  will  be  felt  immediately  by 
observing  the  consequences  attached  to  it  on  the 
turf ;  the  diiference  of  four  pounds  extra  weight  will 
always  be  found  materially  to  affeet  the  betting  upon 
a  horse.  It  is  scarcely  necessary  to  remind  the 
reader  that  his  riding  weight  is  always  calculated  at 
a  stone  above  his  actual  weight ;  that  allowance 
being  usually  made  for  the  saddle  and  bridle. 
Perhaps  there  is  no  single  cause  that  so  frequently 
brings  horses  down,  as  their  being  over-weighted. 
A  dull  horse  with  scarcely  a  stone  more  than  h©  is 
accustomed  to  bear,  will  turn  sulky  and  careless  ;  the 
rider  becomes  impatient,  and  urges  him  to  exertion  ; 
the  usual  pace  of  the  horse  is  broken,  and  a  fall  is 
the  natural  result. 

Closely  allied  to  this  suggestion  is  another  of 
equal  moment — to  consider  well  the  nature  of  the 
work  you  require  your  horse  to  perform.  I  shall 
reserve  what  I  have  to  say  about  the  choice  of  horses 


IN   SEARCH  OF  A   HORSE.  21 

for  draught,  for  another  chapter  ;  but  it  is  not  out  of 
place  to  notice  here  a  very  common  error.  There  is 
not  one  horse  in  fifty  that  is  equally  adapted  for  the 
saddle  and  for  harness.  I  once  had  a  galloway  that 
rarely  stumbled  in  harness,  though  he  would  not  have 
carried  the  best  rider,  of  feather  weight,  half  a  dozen 
miles  without  as  many  falls.  Yet  he  was  perfectly 
sound,  and  continued  sound  for  five  years  that  he 
remained  in  my  possession. 

To  return  from  this  digression ;  if  the  object  is 
only  a  daily  ride  of  half  a  dozen  miles  to  and  from 
the  counting-house,  any  horse  not  over-weighted  is, 
if  sound,  fully  equal  to  the  work  ;  but  if  the  distance 
materially  exceeds  ten  or  twelve  miles  a-day,  it  is  by 
no  means  every  horse  that  can  perform  it ;  more  es- 
pecially if  the  rider  is  averse  to  frequent  walking  or 
to  a  slow  pace.  Some  gentlemen  are  fond  of  long 
rides,  and  will  prefer  the  saddle  to  a  stage  even  for  a 
journey  of  forty  or  fifty  miles.  After  much  observa- 
tion, I  am  inclined  to  think  that  there  are  very  few 
horses  to  be  found  that  are  capable  of  carrying 
weight,  without  distress,  for  more  than  fifty  miles  in 
the  course  of  a  day  ;  or  to  bear  the  repetition,  even 
of  this,  in  the  course  of  the  same  week,  without 
3 


22      THE  ADVENTURES  OF  A  GENTLEMAN 

injury.  At  all  events  it  is  safer  to  estimate  the 
powers  of  a  horse  at  a  much  lower  rate,  and  to  con- 
sider thirty  miles  a  good  day's  journey  ;  and  two 
such  journeys  as  a  fair  week's  work. 

The  last  hint  that  I  shall  offer  on  this  topic,  is  to 
decide,  in  the  first  instance,  the  limit  in  price  ;  and 
having  settled  "  the  figure,"  to  allow  no  horse-deal- 
ing oratory  to  change  the  determination.  I  may 
observe  that  a  horse,  which  is  really  good  and 
exactly  adapted  to  a  man's  purpose,  is  dear  at  no 
price  ;  but  it  by  no  means  follows  that  because  a 
high  price  is  asked  or  even  refused,  that  the  horse  is 
worth  it.  Putting  hunters  and  race-horses  out  of 
the  question,  a  hundred  guineas  ought  to  buy  the 
best  hack  in  England ;  three-fourths  of  that  price  is 
more  than  the  value  of  ninety-nine  out  of  a  hundred, 
with  every  advantage  of  strength  and  action ;  and 
fifty  guineas  should  at  any  time  purchase  such  a 
horse  as  a  gentlemen  need  not  blush  to  own ;  but  it 
may  safely  be  assumed  that  all  the  horses  adver- 
tised for  sale  at  twenty  and  thirty  pounds,  are 
aged,  unsound,  vicious,  or  in  some  way  or  other  un- 
safe purchases  for  any  man  that  has  a  reasonable 
respect  for  his  own  limbs.     I  have  been  reproached 


IN   SEARCH  OF  A   HORSE.  23 

for   this    estimate  of    the   value    of  a   good    hack. 
It   is    considered    by   the   soi-disant   knowing    ones 
as  savoring   too   much   of  the    cockney    style    thus 
to  fix  a  standard  price  for  an  animal  whose    value 
is    usually   supposed   to    be   arbitrary    or    acciden- 
tal.    To  this  I  reply,  that  I  am  speaking  of  horses 
as  they  are  found  in  the  London  market ;   and   of 
prices   as    they   are    commonly   asked    by   London 
dealers:  the  accidental  hits  of  sporting  life  are  too 
numerous  and  also  too  mystified  for  my  calculation  ; 
they   are  beyond  the  doctrine   of  chances ;   but   in 
reference   to  a   market   price,  I  see   no   reason    to 
retract  a  word  of  what  I  have  written  ;  and  though 
as  little  of  a  "  Londoner"  as  a  man  born  in  some  hem- 
isphere some  four  thousand  miles  from  the  sound  of 
Bow-bells  can  pretend  to  be,  I  write  for  the  benefit 
of  "Londoners,"  not  of  Meltonians.     I  have  found 
among  these  despised  "  Londoners,"  during  twenty 
years  acquaintance  with  them,  not  only  some  of  the 
most  intelligent  and  most  amiable  men   of  their  day, 
but  as  polished  minds  as  St.  James's  can  produce  ; 
(a  doubtful  compliment,  it  must  be  owned  ;)  and  what 
may  appear  yet  more  extraordinary  to  the  readers  of 
the  Sporting  Magazine,  unless  they  are  familiar  with 


24 

Nimrod's  letters,  as  bold  riders  and  as  accomplished 
sportsmen  as  could  be  found  in  the  Quorn  hunt  even 
in  its  best  days.  London  is  not  less  proverbial  for 
its  fine  horses  than  for  the  beauty  of  its  women  and 
the  talents  of  its  men. 

To  return  to  my  subject, — I  flatter  myself  that  my 
reader  by  this  time  knows  his  own  mind,  and  duly 
appreciates  the  importance  of  doing  so,  before  he 
goes  into  the  market ;  I  will  therefore  proceed  to 
introduce  him  to  some  of  my  horse-dealing  acquain- 
tance. 


CHAPTER    II. 


It  is  long  since  I  have  arrived  at  the  settled  con- 
viction that  it  is  very  inexpedient  to  buy  a  horse 
from  a  gentleman,  and  downright  folly  to  do  so  if 
that  gentlemen  is  your  friend. 

A  gentleman  will  never  sell  a  good  horse  if  he  can 
help  it ;  if  circumstances  compel  him  to  part  with  it, 
it  may  reasonably  be  assumed  that  the  character  of 
the  horse  is  well  known  in  his  OAvner's  immediate 
circle,  and  that  he  would  never  find  his  way  into  the 
public  market. 

Once,  and  once  only,  I  broke  through  this  rule,  a 
gentleman  had  a  very  beautiful  and  apparently  a 
very  valuable  horse  to  sell.  I  was  acquainted  with 
the  horse  as  well  as  with  his  owner.  I  knew  that  he 
had  been  in  his  possession  for  above  a  year,  and  I 
had  reason  to  think  that  he  would  not  have  kept  him 
a   week   if  he   were    not    a   sound  and   serviceable 

3* 


26      THE  ADVENTURES  OF  A  GENTLEMAN 

animal.  He  was  offered  to  me  for  fifty  guineas  ;  the 
price  was  certainly  moderate  for  a  horse  of  such  ex- 
traordinary appearance,  and  I  promptly  and  thank- 
fully accepted  the  offer.  He  was  brought  home  in 
high  condition,  and  I  immediately  set  him  to  work. 
For  about  a  week  all  went  on  well ;  I  never  was  so 
gaily  mounted  in  my  life ;  I  might  have  sold  the 
horse  ten  times  over  for  double  the  money,  but  I  was 
too  well  pleased  with  my  bargain. 

At  the  expiration  of  a  week  my  groom  began  to 
look  crusty,  and  told  me  with  a  very  long  face  that 
he  must  be  ill,  for  he  refused  his  corn.  I  desired 
hira  to  wash  out  the  manger.  "  I  have,  Sir,  but  it 
won't  do." 

''  Perhaps  the  corn  is  musty  ?" 

"  It  can't  be  that.  Sir,  for  it  only  came  in  yester- 
day, and  he  won't  touch  the  hay  any  more  than  the 
oats." 

I  tried  him  with  the  sweetest  corn  I  could  buy, 
and  every  variety  of  hay,  but  in  vain ;  for  three  days 
he  eat  nothing.  I  sent  him  to  the  Veterinary  Col- 
lege :  his  teeth  were  found  to  be  sharp,  and  they 
were  filed  down ;  no  other  fault  could  be  discovered  ; 
I  took  him  home  again,  but  feed  he  would  not.     I 


IN   SEARCH  OF  A  HORSE.  27 

sent  him  to  livery,  thinking  that  my  stables  might 
possibly  be  in  some  way  offensive  to  him.  He  re- 
mained at  livery  a  week,  and  his  appetite  being 
quite  restored,  I  had  him  home  again.  For  two  or 
three  days  all  was  right,  but  then  his  corn  was  again 
neglected,  and  1'  sent  him  a  second  time  to  the 
College  to  be  physicked.  In  a  very  few  days  he 
returned  as  ravenous  as  a  hawk,  but  another  week 
found  him  in  his  former  state;  and  at  length  I 
guessed  at  the  truth — not  that  he  would  not  feed, 
but  would  not  work  1  I  tried  him  upon  this  princi- 
ple for  a  week,  and  then  my  corn  was  as  palatable 
to  him  as  my  neighbor's.  I  did  not  buy  him  for  the 
pleasure  of  looking  at  him,  so  I  sent  him  to  Os- 
born's;  for  between  friends,  warranties  of  course  are 
out  of  the  question.  He  was  sold  in  less  than  an 
hour  for  the  same  money  that  I  had  given  for  him, 
and  he  was  returned  in  less  than  a  week  for  the 
same  reason  that  I  had  parted  with  him.  I  refused 
to  take  him  back.  • 

*'But  you  warranted  him,  Sir." 

"  Yes,  to  be  sure  I  did ;  I  warranted  him  sound, 
but  not  to  eat !"  To  this  there  was  of  course  no 
answer,  except  a  reference  to  the  College.     He  was 


28      THE  ADVENTURES  OF  A  GENTLEMAN 

examined  and  passed  aS  sound :  the  purchaser  resold 
him  for  more  than  he  had  given  me  for  him ;  and  I 
afterwards  learnt  that  he  was  sold  six  times  over 
that  summer,  and  always  returned  for  the  same  rea- 
son !  I  took  an  opportunity  of  asking  the  gentle- 
man from  whom  I  bought  him,  how  he  had  brought 
him  into  such  good  condition  ? 

"  Nothing  more  easy — I  fed  him  for  a  month  on 
chopped  clover,  bran,  and  malt,  fermented  by  a  little 
yeast." 

This  is  the  way  to  pickle  a  horse  for  a  friend  ! 

Soon  after  the  first  edition  appeared,  I  had  an 
opportunity  of  inquiring  into  the  subsequent  history 
of  this  horse.  It  is  worth  mentioning.  He  con- 
tinued sickly  for  several  months :  towards  winter  he 
was  sent  down  into  the  salt  marshes,  where  he  re- 
mained nearly  a  year.  On  being  taken  up,  his 
stomach  had  recovered  its  tone ;  he  worked  well  and 
fed  heartily,  and  ever  since  ke  has  proved  a  useful, 
though  Rot  a  ^'lasting"  horse. 

But  to  resume  my  narrative.  I  mounted  many  a 
slug  and  many  another  dandy  before  I  again  ven- 
tured to  buy,  and  examined  at  least  ten  times  more 
than  I  mounted.     The  "picture  of  a  horse"  was  the 


IN   SEARCH  OF  A  HORSE.  29 

next  that  fell  to  my  lot.  I  wanted  something  more 
substantial,  it  is  true;  but  a  ''perfect  picture"  has 
attractions  for  every  eye,  and  mine  was,  of  course, 
captivated. 

"To  be  sold,  for  only  half  his  value,  under  pecu- 
liar circumstances,  which  will  be  satisfactorily  ex- 
plained, a  beautiful  gray  gelding.  For  strength  and 
symmetry  he  stands  unrivalled ;  he  is  a  perfect  pic- 
ture of  a  horse,  and  goes  so  pleasantly :  he  is  well 
known  in  the  Surrey.  Warranted  in  every  respect. 
Apply  to  A.  Z.,"  &c. 

I  found  the  above  description  in  the  columns  of 
the  Times,  and  notwithstanding  its  elegance  of 
grammar  and  style,  I  made  all  allowances  for  the 
education  of  a  Surrey  sportsman,  and  left  my  card 
at  his  stables.  There  was  a  something  about  the 
look  of  the  stables  that  I  did  not  like — an  indescri- 
bable negativeness  of  appearance.  There  was  no 
groom;  he  was  out,  exhibiting  his  "picture;"  there 
was  no  key  to  the  door ;  there  was  no  manure  piled 
up  under  the  window;  there  was  no  learning  any 
thing  about  the  horse,  or  the  owner,  or  even  the 
place  itself;  but  then  my  call  was  unseasonably 
early,  and  though  I  recollected  these  matters  after- 


30      THE  ADVENTURES  OF  A  GENTLEMAN 

wards,  they  made  but  a  faint  impression  at  the  time. 
I  went  away  for  an  hour  or  two,  and  then  repeated 
my  visit.  The  "picture"  was  produced  and  exhibit- 
ed; and  certainly  he  had  not  been  unfairly  des- 
cribed; he  was  a  fine-looking  horse,  of  great  power 
and  spirit ;  but  why  w^as  he  sold  ? 

"  Master  had  been  unlucky,  and  was  going  abroad 
for  the  summer."  Delicacy  of  course  forbade  more 
minute  inquiry ;  I  cared  not  whether  he  absconded 
to  avoid  a  dun.  or  a  halter,  provided  the  horse  was 
sound :  the  cause  of  separation  was  very  sufficiently 
explained,  and  I  soon  found  that  the  animal  was 
"well  known  in  the  Surrey."  Forty  guineas  was 
but  a  moderate  figure ;  and  after  less  than  an  hour's 
trial,  I  paid  the  money,  stipulated  that  the  saddle 
and  bridle  should  be  thrown  into  the  bargain,  and 
rode  him  away  at  a  round  trot ;  afraid  of  leaving 
him  till  my  servant  might  bring  him,  lest  some  more 
active  bidder  should  anticipate  me  in  the  interim. 
We  liked  each  other  very  well  for  the  first  twelve 
^ours ;  but,  in  pursuance  of  an  old  habit  of  mine 
with  a  new  purchase,  I  rode  my  hunter  at  a  smart 
pace  over  the  stones,  both  in  going  and  returning  to 
the  city,  and  the  next  morning  he  was  dead  lame ! 


IN  SEARCH  OF  A  HORSE.  31 

I  had  taken  no  warranty,  for  where  was  the  value 
of  one  from  a  man  confessedly  insolvent  ?  I  had  no 
remedy,  but  for  the  farrier  to  make  the  best  of  it. 
He  was  examined — not  a  trace  of  disease  appeared  ; 
his  shoes  were  removed,  and  then  we  found  the 
marks  of  an  old  wound  that  had  no  doubt  established 
his  fair  fame  "in  the  Surrey;"  some  time  or  other, 
though  not  recently,  he  had  staked  his  foot.  I  was 
well  assured  that  the  brute  was  lame  for  hfe,  and  I 
sold  him  to  the  farrier  himself  for  £15  on  specula- 
tion ! 

Nothing  daunted,  I  set  off  once  more  to  examine 
"a  sweet  mare  got  by  Tickleback  out  of  Muley's 
dam,  by  Fireaway,  sire  by  Cockchafer,  Skyscraper, 
Run-the-rig,"  and  so  on;  a  pedigree  as  long  as  her 
tail.  She  too  belonged  to  "a  gentleman."  I  was 
determined  to  see  my  "gentleman"  this  time.  A 
sort  of  nondescript,  half  gentleman,  half  jockey,  but 
with  the  word  rogue  as  legibly  written  on  his  face 
as  if  it  had  been  tattooed  there,  came  forward. 
"Bought  her  for  breeding.  Sir;  won't  do;  dropped 
three  fillies  running.  Sweetest  creature  that  ever 
was  crossed,  but  won't  breed  a  colt,  and  she  must 
go." 


32      THE  ADVENTURES  OP  A  GENTLEMAN 

I  cared  not  a  sous  whether  she  dropped  colts  or 
fillies,  so  long  as  she  did  not  drop  me. 

"  Do  you  warrant  her,  Sir  ?" 

'' Warrant  her  !  to  be  sure  :  I'll  warrant  her  to  fly 
with  you." 

"Will  you  warrant  her  sound?" 

"  Tickleback  soun4 !  why  she's  as  well  known  at 
Tattersall's  as  myself! ! !" 

I  was  by  no  means  satisfied,  but  in  decency  I 
could  press  the  point  no  farther ;  I  liked  her  looks, 
and  thought  the  best  policy  was  to  assume  that  his 
intentions  were  good.  I  told  him  I  would  send  a 
check  by  my  servant,  and  would  trouble  him  to  send 
back  a  receipt  with  the  usual  warranty,  and  left  him. 
In  a  couple  of  hours  John  brought  home  the  mare 
and  the  receipt.  "How  does  she  go,  John?" 
"Pretty  well.  Sir."  I  saw  the  rascal  was  drunk, 
and  asked  him  for  the  receipt.  He  fumbled  first  in 
this  pocket  and  then  in  the  other,  and  at  last  pro- 
duced an  unstamped  acknowledgment  for  the  money, 
but  not  a  word  of  warranty !  The  next  morning, 
when  sober,  he  owned  that  "the  gentleman"  had 
given  him  half  a  crown,  and  "the  gentleman's" 
groom  had  helped  him  to  spend  it !     The  rest  was 


IN   SEARCH  OF  A   HORSE.  33 

easily  explained;  "the  gentleman"  was  gone  to  Mel- 
ton or  Newmarket  instead  of  Tattersall's — but  the 
mare  went  there  :  was  certainly  "  as  well  known"  as 
I  could  wish ;  it  was  the  only  word  of  truth  the  fel- 
low had  spoken.  She  had  slipped  her  hip  in  foal- 
ing, and  had  been  sold  three  times  in  three  months, 
at  an  average  price  of  ten  pounds !  I  lost  only 
twenty  by  her,  and  thought  myself  a  lucky  dog. 

I  had  not  yet  had  enough  of  "gentlemen!"  A 
chestnut  horse  was  advertised  for  sale  at  some  livery 
stables  of  the  first  respectability.  He  was  ''bond 
fide  the  property  of  a  gentleman,  but  too  high-cour- 
aged  for  his  riding,  and  parted  with  for  no  fault." 
The  advertisement  ended  here,  and  the  absence  of  all 
the  usual  encomiums  persuaded  me  that  the  descrip- 
tion was  true.  My  eye  does  not  often  deceive  me  as 
to  the  external  pretensions  of  a  horse  :  the  animal  in 
question  was  beautiful,  and  his  action  good.  I  in- 
spected and  handled  him  minutely ;  I  picked  up 
every  foot,  passed  my  hand  down  every  leg,  and 
found  neither  fault  nor  blemish.  I  mounted  him, 
and  rode  him  for  an  hour.  I  was  satisfied,  and 
bought  him,  taking  care  this  time  to  obtain  my  war- 
ranty myself.  For  two  whole  days  he  did  justice  to 
4 


34 


THE  ADVENTURES  OF  A  GENTLEMAN 


his  owner's  representations.  On  the  third  day  I  was 
too  much  occupied  to  ride ;  but  the  following  morn- 
ing I  hurried  to  the  stables,  resolved  to  make  up  for 
lost  time.  No  sooner  was  my  foot  in  the  stirrup 
than,  with  the  cunning  of  a  monkey,  he  raised  his 
near  hind  foot  and  shoved  the  stirrup-iron  away. 
He  repeated  this  fun  two  or  three  times ;  I  tried  on 
the  off  side,  but  he  was  as  clever  there  !  ""  Off  with 


the  saddle,  John,  we'll  try  him  without :"  but  the  sly 
rogue  was  up  to  me;  he  crouched  like  a  camel. 
"Pick  up  his  fore-leg,  John."  Nor  would  that  do: 
he  reared,  broke  away  from  two  men  who  were  help- 
ing, and  galloped  up  the  ride.  A  full  hour  was 
spent  by  me,  and  every   man   in  the   yard,  to  get 


IN   SEARCH  OP  A   HORSE.  85 

across  him,  but  all  in  vain  ;  defeated  and  mortified  I 
returned  home,  leaving  directions  to  sell  him.  My 
warranty  did  not  extend  to  safety  in  mounting.  I 
had  not  been  home  an  hour,  before  word  was  brought 
that  he  had  kicked  an  ostler  and  laid  him  up  !  I 
was  of  course  bound  to  indemnify  as  well  as  cure  the 
sufferer;  and  sent  the  savage  brute  to  Osborn's. 
The  next  morning  a  second  groom  received  a  kick 
that  cost  me  another  guinea.  I  sent  him  to  the 
hammer  as  a  vicious  horse.  He  was  sold  for  more 
than  he  cost,  but  not  until  he  had  sent  me  a  third 
claimant  for  compensation  !  It  was  a  dealer  that 
bought  him,  and  he  certainly  found  a  discipline  to 
cure  his  vice.     He  killed  hjm  in  less  than  a  month ! 

I  was  curious  to  learn  the  reason  of  his  extreme 
docility  for  the  first  three  days  after  I  had  him.  By 
a  fee  to  some  of  the  understrappers  at  the  stables  I 
soon  arrived  at  the  truth.  He  had  been  tied  up  to 
the  rack  both  day  and  night  for  a  week  before,  and 
never  allowed  to  sleep  except  standing  !  enough  to 
tame  a  tiger,  it  must  be  confessed.  I  lost  nothing 
by  him,  however,  and  I  gained  both  a  specific  for  a 
vicious  horse,  and  a  wholesome  apprehension  of 
"gentlemen."     But  I  was  not  yet  cured  of  my  pre- 


36  THE  ADVENTURES  OF  A  GENTLEMAN 

possessions  in  favor  of  mj  caste.  I  bought  two 
more  horses  of  "  gentlemen  :"  both  were  of  very 
amusing  character  and  behaviour.  One  of  these 
"  gentle"  animals  spilt  me  at  mj  own  door  ere  I  was 
fairly  in  the  saddle.  Expecting  anything  but  a 
summerset,  before  I  was  bond  fide  mounted,  she  gave 
a  plunge  that  made  me  within  five  seconds  describe  a 
parabolic  curve  to  the  ground  at  her  off  shoulder ! 
It  was  an  old  trick,  but  the  warranty  did  not  extend 
to  vice  !  The  other  case  was  that  of  a  mare  of  noble 
lineage,  bred  by  an  illustrious  earl.  She  carried  me 
fairly  enough  till  we  chanced  to  meet  a  landau  filled 
with  ladies  taking  their  morning  drive.  I  was  about 
to  salute  them,  seeing  some  acquaintance  in  the 
party,  and  checked  her  for  the  purpose.  The  un- 
graceful brute  threw  up  her  heels,  and  by  way  of 
showing  off  her  rider,  as  well  as  her  own  agility, 
fairly  ran  some  fifty  or  a  hundred  yards  exclusively 
on  her  fore  legs.  Her  hind  ones  ascended  alter- 
nately like  the  stampers  in  an  oil  mill ;  or,  more  cor- 
rectly speaking,  her  action  resembled  one  of  the 
Harlequin  jackanapes  that  tumble  about  a  fair,  con- 
verting their  arms  into  legs,  and  walking  on  their 
hands,  nobody  knows  how. 


IN   SEARCH  OF  A  HORSE. 


37 


Half  a  score  of  similar  misfortunes  at  length  satis- 
fied me,  that  gentlemen-dealers  are  little  better  than 
arrant  knaves,  and  I  turned  my  attention  elsewhere. 
I  rambled  as  chance  led  me  into  a  dealer's  stables. 
Twenty  horses  were  at  my  service  in  a  moment. 
One  was  a  noble  animal.  "  Will  you  see  him  out, 
Sir  ?"  "By  all  means;"  and  after  due  preparation 
he  was  trotted  out  in  style.  His  paces  were  good  ; 
his  legs  were  clean  :  I  tried  him  by  the  usual  tests, 
and  could  find  no  fault.  "  Put  the  saddle  on,  Tom  ; 
the  gemman  will  try  him."  I  declined  the  trial,  for 
it  was  clear  from  the  sweat  remaining  on  his  withers 
that  he  had  just  been   brought   in.     "  I   will    call 

again  to-morrow,"  I  replied. 
4* 


38      THE  ADVENTUKES  OF  A  GENTLEMAN 

"  At  what  hour,  Sir?" 

"  At  nine  o'clock,"  and  away  I  went.  I  did  not 
altogether  like  the  men  ;  they  looked  too  knowing ; 
but  I  fully  meant  to  keep  my  word,  and  I  did  so ; 
not,  however,  without  a  little  precaution.  I  went  to 
a  sharp  intelligent  ostler,  whom  I  knew  I  could  trust, 
(not  for  past,  but  prospective  benefits,)  and  desired 
him  to  meet  me  at  the  place  exactly  at  half  past 
eight.  I  told  him  to  walk  through  the  stables,  keep 
his  eye  on  all  that  passed,  but  not  to  know  me  when 
I  arrived.  He  obeyed  my  instructions  to  the  letter. 
At  nine  o'clock,  according  to  appointment,  I  came. 
My  horse  was  produced,  but  to  my  surprise  he  was 
warm  and  in  a  sweat,  even  at  that  early  hour :  he 
was  again  "  trotted  out."  I  asked  no  questions,  and 
civilly  wished  them  good  morning.  I  inquired  of 
my  piquet  what  he  had  noticed  before  my  arrival. 
"  He  was  brought  out  half  an  hour  before.  Sir,  with 
legs  like  mill-stones.  I  asked  if  he  was  sold,  and 
they  told  me  a  gentleman  had  agreed  to  buy  him. 
They  trotted  him  up  and  down  the  street  for  a 
quarter  of  an  hour,  just  to  fine  Ids  legs,  and  were 
rubbing  him  down  when  you  came  in  !" 

I  proceeded  to  the  next  stables ;  a  well-bred  little 


IN   SEARCH  OF  A  HORSE.  39 

horse  seemed  to  correspond  with  my  wishes,  and  on 
trial  he  suited  my  taste.  "  What  is  the  figure  ?" 
"Twenty  pounds."  My  suspicions  were  awakened, 
but  I  said  nothing.  He  went  freely,  and  neither 
stumbled  nor  shied.  I  gave  him  the  reins  and  gal- 
loped him  above  a  mile,  most  of  it  at  speed.  His 
wind  was  good ;  he  was  aged,  but  showed  no  symp- 
toms of  over-work.  I  could  not  detect  unsoundness, 
and  I  bought  him,  warranted.  The  next  day  he 
walked  against  a  brick-wall,  and  for  the  first  time  I 
discovered  that  he  was  blind !  yet  it  was  only 
scientific  inspection  that  could  have  found  even  a 
blemish  in  his  eyes.  Blindness  is  not  unsoundness 
in  horse-dealing  law,  whatever  it  might  be  deemed  by 
Sir  James  Mansfield :  I  therefore  sold  him  and  sus- 
tained no  loss ;  on  the  contrary  I  gained,  as  in  a 
former  instance,  a  valuable  lesson  for  nothing. 

I  am  selecting  the  most  instructive  cases  only 
and  therefore  pass  by  scores  of  other  mishaps  like 
this.  I  ran  the  gauntlet  through  Osborn's,  Tatter- 
sail's,  and  the  Bazaar,  and  between  the  one  and  the 
other  learnt  that  in  a  horse-dealer's  estimation,  un- 
soundness does  not  and  cannot  exist — in  a  farrier's 
judgment  every  horse  in  creation  is  unsound  unless 


40      THE  ADVENTURES  OF  A  GENTLEMAN 

the  seller  is  his  customer.  I  went  to  a  very  cele- 
brated place  (I  dare  not  mention  names,)  and  after 

describing  my  necessities  to  Mr.  H ,  requested 

him  to  go  round  the  stables  with  me.  He  cheerfully 
complied. 

"  That  chestnut  cob  is  a  likely  horse.  Will  you 
see  him  out?" 

"Is  he  warranted ?" 

"  Certainly." 

"Then  trot  him  out." 

He  blundered  at  starting ;  I  held  my  peace,  but 
examined  him  narrowly. 

"  He  has  a  thrush,  Mr.  H ." 

"  Oh  no,  Sir,  nothing  of  the  kind." 

"But  look  at  him." 

"I  see  nothing." 

"Smell  the  foot." 

"  'Tis  a  little  stale.  Sir :  but  a  thrush  is  no  un- 
soundness." 

A  dark  bay  mare  attracted  my  notice :  she  was 
brought  out. 

"  She  goes  tenderly,  Mr.  H ." 

"Her  feet  have  not  been  stopped  this  day  or  two: 
she  will  go  right  enough  when  she  is  in  work." 


IN  SEARCH  OF  A   HORSE.  41 

"  I  doubt  it ;  I  think  she  has  a  screw  loose." 

"What's  the  matter?" 

I  examined  her  closely,  and  found  one  foot  con- 
tracted :  I  pointed  out  the  defect :  Mr.  H was 

incredulous. 

"  She  is  as  sound  as  a  roach,  Sir." 

"  She  has  not  been  so  long ;  there  has  been  vio- 
lent inflammation  within  these  two  months,  or  that 
foot  would  never  be  so  contracted." 

"There  is  not  a  hair's  difference  between  her  feet." 

I  took  up  a  straw  and  measured  them ;  the  differ- 
ence was  nearly  half  an  inch. 

"  Put  her  in  again,  the  gentleman  is  no  buyer." 
But  I  was  a  buyer,  and  an  anxious  one ;  so  I 
soothed  my  guide  into  good  humor,  and  he  at  length 
introduced  me  to  a  very  promising  active  cob. 

"  That's  your  horse.  Sir  !  he  is  worth  any  money: 
put  the  saddle  on,  and  try  him." 

"  Not  till  I  have  examined  him,  you  may  be  sure. 
What  is  that  grey  mark  above  the  knee-joint?" 

"  He  got  loose  a  few  months  ago,  and  entangled 
himself  in  the  halter." 

"The  groom,  then,  deserved  a  halter:  but  let  me 
look  a  little  closer." 


42      THE  ADVENTURES  OF  A  GENTLEMAN 

I  instantly  perceived  a  corresponding  mark  below 
the  knee,  (the  usual  traces  of  wearing  a  knee-cap,) 
and  had  him  put  to  his  trot.  His  action  was 
uncommonly  high,  and  this  of  course  led  me  to 
m'inute  scrutiny,  when  I  found  traces  of  the  speedy 
cut. 

"  Do  you  call  that  unsound,  Sir  ?  All  horses 
with  good  action  will  cut  themselves  at  times." 

His  patience  however  was  not  quite  exhausted. 
The  next  horse  had  a  splent ;  the  next  a  spavin ;  a 
third  showed  the  recent  extirpation  of  a  corn ;  and 
a  fourth  exhibited  symptoms  of  the  mange. 

"  Upon  my  word,  Sir,  you'll  say  next  that  a  horse 
is  unsound  if  one  ear  is  longer  than  the  other !  you 
won't  find  a  horse  here  to  suit  you,  I  assure  you." 

I  thought  so  too  and  decamped,  yet  I  believe 
there  were  not  less  than  a  hundred  all  warranted  or 
to  be  returned  in  a  week. 

I   must   request    my   readers   to   substitute    Mr. 

X.  Y.  Z.  for  M.  H ,  throughout  the  preceding 

pages ;  for,  such  is  the  tenderness  of  conscience  in 
all  the  horse-dealing  fraternity,  that  at  least  a  dozen 
individuals  have  accused  me  of  meaning  them  by 
Mr.   H .     "A  pretty  figure  you  have  made  of 


IN  SEARCH  OF  A  HORSE.  .   43 

me,  Sir,"  exclaimed  the  first  man  I  met,  after  my 
work  came  out. 

"  You,  my  friend !  I  have  not  mentioned  your 
name." 

"Ay,  but  all  the  world  knows  who  you  mean  by 
Mr.  H ,  and  so  does  my  attorney !" 

The  man's  name  began  with  a  T.  A  day  or  two 
after,  while  still  laboring  under  the  dread  of  an 
action  for  libel,  a  second  self-dubbed  hero  of  my  tale 
favored  me  with  a  call. 

"I  am  come,  Sir,  to  demand  an  explanation." 

"Explanation,  Sir!  what  in  the  name  of  wonder 
do  you  mean  ?  who  are  you  ?" 

"My  name.  Sir,  is  Jenkins.  You  know  it  well 
enough.  (I  had  never  heard  of  the  fellow  before.) 
You  must  publish  an  apology  in  the  papers,  or  I'll 
work  it  out  of  you." 

I  immediately  saw  there  was  some  mistake,  and 
became  cool :  too  cool,  for  I  betrayed  an  inclination 
to  laugh. 

"  You  may  laugh.  Sir,  but  you  shall  come  down 
for  it.     I  never  showed  you  a  horse  in  my  life." 

"Allow  me  to  ask  what  is  the  matter ?" 

"  Matter,  forsooth !  you  know  that  I  was  ac- 
quitted?" 


44  .    THE  ADVENTURES  OF  A  GENTLEMAN 

"Really  I  have  not  the  honor  of  knowing  any- 
thing about  you." 

"  Then  who  is  Mr.  H ?" 

The  man  had  been  tried  for  horse-chanting,  it 
came  out,  under  the  name  of  Hall ! 

As  X  Y  Z  are  understood  to  represent  the  un- 
known quantities  in  an  equation,  the  substitution  of 
these  convenient  initials  may  save  me  from  various 
other  vexatious  innuendoes. 

To  proceed  with  my  narrative  : — 

What  could  I  do  next?  I  employed  a  man  to 
buy  one  on  commission : — he  bought  me  three :  the 
first  was  broken-wanded ;  the  second  reared,  and  left 
me  comfortably  seated  on  the  ground,  providentially 
falling  himself  on  the  other  side;  the  other  died 
within  a  fortnight,  of  inflammation ;  and  at  length  I 
began  to  discover  that  it  was  worth  the  scoundrel's 
while  to  be  paid  a  commission  on  the  sale  of  an  un- 
sound horse,  as  well  as  on  the  purchase  of  a  sound 
one. 

I  next  availed  myself  of  a  farrier's  kind  advice. 
But  how  could  he  do  otherwise  than  hand  over  his 
incurable  patients  to  my  care?  A  country  farmer 
tendered  me  his  services ;  he  sent  me  two  on  trial ; 
both  kissed  the   cockney  pavement  in  less  than   a 


IN  SEARCH  OF  A  HORSE.  ^        4o 

week ;  and  could  I  do  less  than  make  up  their  depre- 
ciated value  ?  Two  kind  friends  offered  to  oblige  me 
with  cattle  of  their  own.  Luckily  I  had  the  pru- 
dence to  decline  both  offers.  The  glance  of  an  eye 
told  me  they  were  lame  ;  I  civilly  regretted  that 
they  were  not  "the  sort  of  horse  I  wanted;"  and 
both  broke  their  knees  within  a  month ! 

And  now,  gentle  reader,  for  my  inferences  a  la 
Martineau.  Whenever  you  see  a  horse  advertised 
for  sale,  avoid  him  as  you  would  a  pestilence.  If  he 
is  "a  sweet  goer,"  depend  upon  it  you  will  be  gent- 
ly dropped  into  the  sweetest  kennel  in  St.  Giles's ; 
if  he  is  "well  suited  for  a  charger,"  he  is  sure  to 
charge  a  hay-stack  and  a  park  of  artillery  with 
equal  determination ;  if  "he  never  shies  or  stum- 
bles," the  chances  are  three  to  one  that  he  is  stone 
blind,  or  cannot  quit  a  walk ;  "  the  best  horse  in 
England"  is  to  a  certainty  the  worst  in  London; 
when  "parted  with  for  no  fault,"  it  means  that  he 
is  sold  for  a  hundred ;  if  "  the  reason  will  be  satis- 
factorily explained,"  it  may  be  taken  for  granted 
that  tha  master  has  absconded,  either  for  stealing 
him  or  robbing  his  creditors;  when  "built  like  a 
castle,"  he  will  move  like  a  church-steeple;  if 
5 


46      THE  ADVENTURES  OF  A  GENTLEMAN 

"•*  equal  to  fifteen  stone  up  to  the  fleetest  hounds  in 
England,"  depend  upon  it  he  never  saw  the  tail  of 
a  hound  in  his  life;  if  he  is  a  "beautiful  stepper," 
you  will  find  that  he  has  the  action  of  a  peacock ;  if 
a  "liberal  trial  is  allowed,"  be  most  especially  care- 
ful :  a  deposit  of  half  the  price,  but  three  times  his 
value,  will  assuredly  be  required  as  security  for  your 
return ;  and  finally,  whenever  you  see  that  he  is  the 
"property  of  a  tradesman  who  wants  to  exchange 
-for  a  horse  of  less  value  for  his  business,"  of  "a 
gentleman  who  has  given  up  riding  from  ill-health," 
or  because  "he  is  going  abroad,"  of  "a  professional 
man  whose  avocations  call  him  from  town,"  of  "  a 
person  of  respectability  who  can  be  referred  to,"  or 
of  "  the  executors  of  a  gentleman  lately  deceased," 
you  may  safely  swear  that  he  belongs  to  a  syste- 
matic chanter,  who  will  swindle  you  both  out  of 
horse  and  money,  and  involve  you  in  all  the  trouble, 
cost,  and  vexation  of  an  Old  Bailey  prosecution  to 
boot. 

I  have  tried  all  these  fellows :  I  have  ferreted 
them  out  in  all  their  holes  and  corners ;  I  have  run 
them  to  earth  scores  of  times  ;  I  have  detected  them 
buying  a  blemished  or  a  stolen  horse  for  ten  pounds 


IN  SEARCH  OP  A  HORSE.  47 

to-day,  and  selling  it  clipped  for  fifty  to-morrow; 
starving  a  poor  famished  wretch  without  water  for 
a  week,  that  it  might  drink  itself  into  a  dropsy,  so 
as  to  "  show  a  good  barrel"  at  the  next  sale-day;  or, 
as  you  have  already  seen,  subduing  by  protracted 
torment,  into  deceitful  quiet,  a  horse  so  vicious  as  to 
endanger  the  life  of  his  rider -and  all  around  him. 
Their  minor  villanies  are  so  numerous  as  to  make 
description  of  them  impossible ;  and  in  these,  aided 
by  their  grooms,  some  self-called  "  gentlemen"  do 
not  disdain  to  share.  I  have  known  men  not 
ashamed  to  boast  of  their  ingenuity  in  tricks  very 
nearly  allied  to  swindling — cauterizing  the  teeth  to 
conceal  age,  surfeiting  a  horse  with  unwholesome 
food,  staining  a  blemished  knee,  or  clipping  a  horse 
just  condemned  at  the  college,  to  prevent  recogni- 
tion. These,  and  many  such  rascally  devices,  I 
have  heard  confessed  with  vanity  by  young  puppies 
who  deserved  to  have  their  gentility  unrobed  at  the 
cart's  tail;  yet  the  confession  has  been  received 
with  envious  applause  by  scamps  of  the  same  order, 
who  wanted  the  address,  but  not  the  will,  to  show 
their  knavery  to  similar  advantage. 

Horse  auctions  or  commission  stables  are  only  one 


48      THE  ADVENTURES  OF  A  GENTLEMAN 

degree  removed.  I  have  been  accustomed  to  fre- 
quent them  all,  and  in  all  I  observe  the  same  faces, 
hear  the  same  coarse  jokes,  and  very  frequently 
recognize  the  same  horses  brought  to  sale  half  a 
dozen  times  in  a  season.  The  reason  is  obvious : 
these  places  form  the  market  of  the  trade,  and  like 
all  other  markets,  are  frequented  by  the  lowest  class 
both  of  dealers  and  customers.  The  proprietors 
cannot  help  it  if  they  would ;  but  their  interest  lies 
the  other  way.  The  commission  is  the  same  on  a 
good  or  a  bad  horse ;  but  as  nine  out  of  ten  fall 
under  the  latter  description,  the  profit  is  essentially 
derived  from  their  sale.  Hackney-coach  owners, 
jobbers,  hucksters,  travellers,  butchers,  bakers,  and 
all  the  tradesmen  who  require  light  carts  for  the 
conveyance  of  their  goods,  frequent  these  places : 
and  to  meet  the  demand  of  such  customers,  all  the 
refuse  of  the  field,  after  the  hunting  season  is  over, 
and  all  the  disabled  cattle  of  the  summer  stages  to 
Brighton,  Southampton,  and  so  forth,  when  these 
places  are  deserted,  are  here  sent  to  the  hammer. 
Many  a  horse  will  do  very  well  for  harness  that  is 
unsafe  for  the  saddle ;  and  in  fact  very  few,  even  of 
the  most  showy  and  "splendid"  horses,  are  broken 


IN  SEARCH  OF  A  HORSE.  49 

into  harness,  until  they  have  proved  their  inability 
to  carry  weight. 

Two  or  three  friends  have  entreated  me  to  except 
various  commission  stables  from  this  sweeping  cen- 
sure. I  regret  that  I  cannot  oblige  them.  Yet  I 
feel  bound  to  say,  that  although  I  have  never  dealt 
there,  I  have  frequently  been  through  Mr.  Shackel's 
stables  in  Oxford  street,  and  have  noticed  many 
horses  in  them  of  first-rate  pretensions ;  while  the 
courtesy  and  professional  intelligence  of  Mr.  Shackel 
himself,  have  almost  made  me  regret  that  I  had  no 
occasion  to  avail  myself  of  his  services. 

After  many  anxious  and  ingenious  experiments, 
I  have  arrived  at  the  conclusion  that  there  are  but 
two  tolerably  secure  modes  of  obtaining  a  good  hack 
for  the  saddle. 

The  first,  and  by  far  the  best,  for  a  man  who  has 
time  and  opportunity,  is  to  visit  the  breeding  coun- 
ties, Norfolk  and  Lincolnshire  especially,  and  by 
introduction  to  some  respectable  farmer,  to  choose 
for  himself.  If  he  distrusts  his  own  judgment,  it  is 
not  difiicult  to  obtain  the  assistance  of  a  practical 
man,  if  he  makes  it  his  interest  to  serve  him ;  but 
as  there  are  few  who  can  afibrd  the  time  and  trouble 
5* 


50      THE  ADVENTURES  OF  A  GENTLEMAN 

which  this  implies  for  an  object  of  comparatively 
trifling  importance,  the  simpler  alternative  is  to 
trust  to  the  character  and  judgment  of  any  of  our 
principal  dealers.  Their  stables  are  usually  sup- 
plied from  the  country  fairs ;  few  of  them  buy  for 
themselves;  they  employ  agents,  who  live  by  the 
occupation,  and  whose  interest  of  course  is  to  buy 
judiciously.  Such  agents  are,  for  the  most  part, 
familiar  with  the  stock  of  every  extensive  breeder, 
and  know  well  what  to  reject. 

London  dealers  of  this  class  are  respectable  men ; 
they  know  and  avoid  the  stigma  of  unfair  play.  I 
have  found  many  of  them  deceived :  I  have  tried 
three  horses  from  one  stable  in  the  same  day,  and 
two  have  fallen  with  me ;  but  the  dealer  at  once  dis- 
covered the  cause  to  be  in  the  horse ;  and  was,  or 
appeared,  sincerely,  to  be  more  annoyed  at  the  re- 
proach he  felt  to  be  due  for  mounting  me  unsafely, 
than  at  the  injury  his  property  had  sustained. 

It  is  as  true  in  horse-dealing,  as  in  any  other 
trade,  that  constant  and  permanent  success  depends 
on  character,  as  well  for  honesty  as  for  judgment. 
A  man  may  sell  a  bad  horse  to  advantage,  but  he 
knows  that,  if  chargeable  with  an  intention  to  de- 


IN  SEARCH  OF  A  HORSE.  51 

ceive,  he  is  at  once  classed  with  the  knaves  of  his 
profession ;  and  regular  customers  are  driven  away 
from  his  stables  for  ever.  Horses  are  rarely  to  be 
found  at  these  places,  cheap,  nor  is  it  reasonable  to 
expect  it ;  for  all  perishable  commodities,  and  few 
deserve  the  epithet  more  than  cattle,  are  inevitably 
high-priced.  It  is  better,  however,  to  give  sixty  or 
seventy  guineas  in  the  first  instance,  for  a  good  and 
tried  horse,  than  to  buy  half  a  dozen  at  an  average 
of  half  the  money,  with  the  certainty  of  losing  at 
least  forty  per  cent,  on  the  sale,  exchange,  or  return 
of  five  of  them. 

I  feel  no  impropriety  in  mentioning  the  names 
of  some  of  those  dealers  whom  I  have  personally 
found  to  be  safe  men ;  especially  as  my  work  is 
published  anonymously.  In  the  city,  I  should  re- 
commend Dye,  of  White  Lion  street,  Spitalfields. 
I  must  acknowledge  that  I  have  not  been  fortunate 
in  my  purchases  from  him,  but  I  have  always  met 
with  very  fair  dealing  at  his  stables.  I  have,  on 
two  or  three  occasions,  bought  very  tolerable  hacks 
from  Mr.  King,  on  the  Surrey  side  of  Southwark 
bridge ;  he  understands  a  horse,  and  deals  fairly. 
At  the  west  end  of  the  town,  I  think  that  Elmore, 


52      THE  ADVENTURES  OF  A  GENTLEMAN 

Wimbush,  Anderson,  Kenrick,  and  one  or  two 
others,  whose  names  I  do  not  at  the  moment  recol- 
lect, are  all  to  be  trusted.  From  Kenrick,  especial- 
ly, I  have  met  with  very  liberal  treatment ;  and  I 
have  bought  two  excellent  horses  out  of  his  stables. 
I  doubt  if  he  really  knew  their  character  when  he 
sold  them,  though  he  undoubtedly  fully  appreciated 
their  value !  I  have  since  re-sold  them  both,  after 
more  than  a  year's  use  of  them.  One  became  lame, 
and  I  was  obliged  to  sell  him  at  a  considerable  loss 
without  a  warranty.  The  other  was  sold  to  advan- 
tage. I  have  also  purchased  horses  from  Mr. 
Woodin,  of  Upper  Park  Place,  and  have  had  good 
reason  to  be  satisfied  with  my  purchases :  his  sta- 
bles are  not  extensive,  but  he  generally  knows 
where  a  good  nag  is  to  be  found,  especially  for 
sporting  purposes,  and  is  very  active  and  obliging 
in  seeking  for  them. 

Some  persons  in  the  trade  have  found  great  fault 
with  me  for  thus  specifying  individuals ;  and  with 
natural  jealousy  have  founded  upon  it  an  opinion 
that  I  know  nothing  on  the  subject.  To  this  I  reply, 
that  I  like  to  speak  of  people  as  I  find  them.  I  have 
either  personally,  or  through  my  friends,  found  all 


IN  SEARCH  OP  A  HORSE.  53 

these  men  treat  a  customer  with  fairness  and  hones- 
ty:  I  am  therefore  entitled  to  presume  that  such  is 
their  general  system — for  so  entirely  am  I  a  stranger 
to  them,  that  though  I  believe  they  all  know  me 
very  well  by  name,  I  have  not  received  even  the 
simple  acknowledgment  of  thanks  from  more  than 
one  of  them,  for  the  recommendation  that  I  have 
here  given  of  their  stables.  I  do  not,  however, 
blame  them  for  their  omission,  though  it  seems  a  lit- 
tle ungrateful.  My  real  object,  and  of  that  they  are 
probably  sensible,  is  to  benefit  my  readers  rather 
than  the  trade.  Till  I  find  that  they  treat  me  ill,  I 
shall  continue  to  expresss  the  same  opinion. 

The  horses  of  such  dealers  are  generally  high-pric- 
ed, and  I  have  seen  many  among  them  which  I 
would  not  buy  at  any  price ;  but  still  I  should  go 
with  confidence  to  their  stables. 

My  reader  must  here  forgive  me  for  another  sug- 
gestion of  a  personal  nature.  To  betray  distrust  is 
the  sure  way  to  be  deceived :  if  you  walk  into  a  sta- 
ble with  an  air  of  gratifying  curiosity,  criticise 
horses  merely  to  affect  a  knowledge,  and  ask  for 
prices  as  if  to  contrast  them  with  prices  elsewhere, 
and  to  feel  the  market  rather  than  "  do  business,"  it 


54      THE  ADVENTURES  OF  A  GENTLEMAN 

cannot  be  expected  that  you  will  meet  with  courtesy 
or  attention ;  much  less  that  you  will  be  regarded 
with  honest  interest  as  a  customer. 

Your  true-bred  citizen,  and  almost  as  often,  your 
exquisite  of  the  park,  cannot  tell  a  horse  from  a  cow, 
unless  he  sees  him  in  a  hackney-coach  !  Yet  even 
where  my  previous  advice  is  strictly  followed,  some 
little  skill  in  horse-flesh  is  by  no  means  superfluous. 
Few  of  the  horse-dealers,  even  of  the  most  eminent, 
are  scientific  men ;  they  know  the  merits  of  their 
studs  by  practical  experience,  but  they  rarely  possess 
better  information.  The  ignorance  of  many  of  them 
is  so  great,  that  I  believe  they  often  obtain  the 
credit  of  lying  when  they  do  not  deserve  it. — 
Splents,  thrushes,  windgalls,  incipient  spavins,  and 
many  other  minor  diseases,  are  always  declared  to 
be  "of  no  consequence  whatever ;"  coughs  in  par- 
ticular are  to  be  found  "  in  every  stable  in  London 
at  this  season  of  the  year ;"  and  any  attempt  to  deny 
these  broad  positions,  or  to  enlighten  the  ignorance 
from  which  they  proceed,  is  resented  as  an  insulting 
suspicion,  or  ridiculed  as  absurd !  I  have  really 
been  astonished  to  find  how  generally  uninformed 
the  dealers  are  in  the  very  elements  of  veterinary 


IN  SEARCH  OF  A  HORSE.  55 

science,  and  how  unwilling  they  are  to  receive  cor- 
rection; though  this,  it  must  be  acknowledged,  is 
the  usual  characteristic  of  illiterate  men.  In  fact 
most  of  them  are  better  judges  of  their  customers, 
than  they  are  of  their  cattle.  Such  a  colloquy  as 
follows,  usually  begins  the  negotiation. 
"  I  want  a  horse,  Mr.  Smith." 
"  I  shall  be  happy  to  serve  you,  Sir :  will  you 
walk  round  my  yard  ?" 

"  I  don't  wish  to  give  a  high  price,-  Mr.  Smith." 
"  I  have  horses  of  all  prices,  Sir  :  is  it  for  the  sad- 
dle or  harness?" 

"  I  shall  use  him  perhaps  for  both  purposes." 
This  unlucky  answer  at  once  stamps  the  customer ; 
an  inferior  animal  is  the  first  to  which  his  attention 
is  directed — an  instant  suffices  to  show  his  preten- 
sions to  practical  knowledge.  The  customer,  if  very 
green,  at  once  walks  up  to  the  shoulder  to  scan  his 
height ;  the  horse  starts  at  the  rude  approach  of  a 
stranger,  and  the  question  is  promptly  asked,  "Is  he 
quiet?"  On  receiving  a  favorable  answer,  which  it 
would  have  been  wiser,  and  not  quite  so  green,  to 
have  obtained  before  entering  the  stall,  the  customer 
cocks  his  chin  upon  the  shoulder,  and  estimates  the 
height  within  six  or  seven  inches.  * 


56      THE  ADVENTURES  OF  A  GENTLEMAN 

"About  sixteen  hands,  Mr.  Smith?" 

"No,  Sir;  not  more  than  fourteen  two.  Will  you 
see  him  out  ?" 

Abashed  at  his  mistake  the  buyer  nods  assent; 
and  when  the  animal  is  walked  out,  stares  at  him  as 
if  he  was  a  rhinoceros,  looking  askance  :^rst  at  one 
leg,  and  then  at  the  other. 

"I'll  warrant  him  sound.  Sir." 

"  Are  his  legs  quite  right  ?" 

"  No  better  in  England,  Sir." 

"He  seems  to  me  to  stand  rather  awkwardly;" 
and  then  first  comes  out  the  reluctant  admission — 

"  But  I  am  no  judge  of  a  horse." 

Had  the  same  declaration  been  made  frankly  at 
first,  no  harm  would  have  been  done :  the  dealer 
would  have  anticipated  a  review  by  the  farrier,  or,  if 
honest,  would  spontaneously  have  suggested  a  trial ; 
but  now  you  are  at  his  mercy. 

"Run  him  down  the  ride,  Tom." 

After  gazing  at  him  in  silence,  as  if  he  had  never 
seen  a  horse  move  before,  the  cockney,  for  very 
shame,  makes  some  unmeaning  remark. 

"  I  think  he  goes  very  odd  behind,  Mr.  Smith." 

"  'Tis  only  his  way  of  going.  Sir ;  all  young 
horses  arf  raw  in  their  action." 


IN  SEARCH  OF  A  HORSE. 


57 


"Are  they?  What  may  be  his  age?"  and  oflf 
my  gentleman  starts  with  a  knowing  look  to  examine 
the  mouth,  pulling  the  bridle,  and  twisting  the  jaw 
as  if  he  would  break  it,  to  get  a  peep  inside.     The 


poor  animal  shrinks  from  such  unwonted  scrutiny, 
and  back  starts  the  cockney  in  dismay. 

"  Does  he  bite,  Mr.  Smith,  eh?" 

"  No  more  than  you  would.  Sir." 

"  I  am  afraid  he  wont  suit  me ;  have  you  any 
other  to  show  me  ?  I  want  a  quiet  animal,  for  I  am 
not  much  used  to  riding." 

"  I  shall  have  a  lot  in  next  week,  Sir;  and,"  (in  a 
half  whisper)  "a  full-grown  jackass  among  them." 
There  ends  the  matter — Mr.  Dimity  walks  off  in  a 
6  ^ 


58      THE  ADVENTURES  OP  A  GENTLEMAN 

dudgeon,  and  indemnifies  himself  by  boasting  of  his 
sagacity  in  "  escaping  from  the  fangs  of  that  rascal- 
ly horse-dealer,  Smith,  who  wanted  to  palm  off  a 
vicious  horse  upon  him,  but  he  was  too  knowing  ;" 
while  Mr.  Smith,  on  the  other  hand,  piously  resolves 
to  "  take  in  the  next  greenhorn  of  a  man-milliner," 
out  of  revenge  for  the  trouble  of  uselessly  showing 
his  stud. 

Sometimes  the  affair  goes  a  step  further. 

"  I  want  a  horse,  Mr.  Smith,  but  I  won't  go  be- 
yond thirty  pounds." 

"  I  have  one  about  that  figure.  Sir." 

"  Figure  !  is  he  well  made  ?" 

He  is  trotted  out,  admired,  and  purchased :  four- 
and-twenty  hours  elapse,  and  back  come  the  horse 
and  his  rider ;  the  one  in  a  towering  passion,  the 
other  in  a  foam.  • 

"  You  have  treated  me  in  a  pretty  way,  Mr.  Smith, 
but  I'll  take  the  law  of  you,  hang  me,  if  I  don't." 

"  What's  the  matter  now  ?" 

"Didn't  you  sell  this  horse  as  sound,  and  make 
me  pay  thirty  guineas  for  him  ?" 

"Well,  Sir,  what  then  ?" 

"  What  then,  Sir  !  what  then !  why  look  here,  look 
at  his  knee  !  see  how  he  has  cut  himself !" 


IN  SEARCH  OP  A  HORSE.  59 

''  I  see  nothing  ;  has  he  been  down  ?" 

"  Down,  indeed !  no,  I  think  I  can  ride  better 
than  that ;  but  he  has  a  scar  as  long  as  mj  arm." 

"  Then  jou  need  not  have  been  so  long  finding  it 
out.  Did  you  expect  for  thirty  guineas  to  buy  such 
a  horse  as  that  without  a  blemish  ?" 

"Blemish  !  but  I'll  take  the  law  of  you,  you  rascal 
you  may  depend  upon  it.  My  first  cousin  is  an 
attorney,  and  he  will  bring  the  action  for  love.  I'll 
make  you  smart  for  it  yet." 

My  first  cousin,  the  attorney,  if  an  honest  man, 
tells  him  he  is  a  fool  for  his  pains  ;  and  if  a  rogue, 
makes  him  pay  a  hundred  pounds  to  learn  that  a 
blemish  is  no  unsoundness  ! 

I  have  known  a  yet  more  unlucky  fate;  or  at  least 
more  mortifying.  A  friend  of  mine  called  on  me  one 
day  in  a  very  sulky  mood :  he  had  "  been  nicely  trick- 
ed ;  choused  out  of  fifty  pounds  by  a  swindling  knave, 
and  got  nothing  but  a  lame  horse  for  his  money." 

"  Then  why  not  return  him  ?" 

"  Oh  !  the  dealer  swears  he  was  sound  when  I  took 
him  away  yesterday,  and  what's  the  use  of  going  to 
law  with  those  fellows  ?  they  will  swear  black's  white." 

•'  Very  true ;  but  let  me  have  a  look  at  him  : 
where  does  he  stand  ?"  * 


60      THE  ADVENTURES  OF  A  GENTLEMAN 

"  Close  by  ;  but  I  hope  I've  got  rid  of  him  by  this 
time  ;  I  told  the  ostler  to  sell  him  for  what  he  would 
fetch." 

"Never  mind;  I'll  take  my  chance  of  finding  him." 

And  away  we  went.  On  reaching  the  stables,  we 
found  the  horse  was  sold  and  paid  for;  he  had 
fetched  five-and-twenty  pounds,  and  was  to  be  taken 
away  the  next  morning.  For  curiosity's  sake  I  beg- 
ged to  see,  and  he  was  led  out  as  lame  as  a  duck. 

"  Why,  Tom,"  I  exclaimed,  "  have  you  had  him 
new  shod  since  yesterday?" 

"  Yes,  to  be  sure ;  he  had  scarcely  a  shoe  to  his 
feet." 

I  sent  for  the  farrier,  and  with  permission,  had 
the  shoe  removed  from  the  near  fore  foot,  and 
then  replaced. 

"  Now  try  him  on  the  stones." 

He  went  as  soundly  as  the  day  he  was  foaled. 
One  of  the  nails  had  been  driven  a  trifle  too  far,  and 
had  touched  the  quick.  I  dare  say  that  for  some 
days  the  foot  remained  tender,  but  my  friend  Tom 
bought  a  little  experience,  though  somewhat  dearly, 
for  five-and-twenty  pounds. 

I  have  observed  that  dealers  themselves  are  not 
always  familiar  with  their   horses'  defects.     I  once 


IN   SEARCH  OF  A   HORSE.  61 

bought  one  in  the  country ;  I  rode  him  to  town — 
only  a  few  miles,  and  he  fell ;  he  was  not  blemished 
and  I  returned  him.  The  man  would  not  believe  my 
story ;  he  fancied,  as  they  often  pretend,  that  I  re- 
turned him  from  caprice,  and  was  dissatisfied,  I 
offered  to  keep  the  horse  on  one  condition — that  he 
should  ride  with  me  a  mile  over  the  stones  at  my 
pace  ;  if  he  did  not  stumble,  I  would  have  him.  He 
readily  assented ;  we  mounted,  and  set  off  at  a 
moderate  trot. 

^'  There  never  was  a  surer-footed  horse  in  England 
— stones  or  sward." 

But  scarcely  were  the  words  out  of  his  mouth, 
before  the  animal  gave  him  the  lie  direct,  blemished 
his  own  knees  irretrievably,  and,  as  if  by  way  of 
appropriate  rebuke,  caused  his  rider  almost  to  bite 
his  tongue  off  in  the  fall !  The  horse  had  a  running 
thrush. 


CHAPTER    III. 


The  few  instances  which  I  have  given,  will  suffice 
to  show  the  value  of  a  little  practical  knowledge  in 
examining  a  horse,  however  respectable  the  seller 
may  be. 

I  do  not  pretend  to  be  myself  very  scientific  in 
the  matter  ;  and  if  I  were,  it  would  not  be  easy  to 
convey  such  knowledge  on  paper.  What  they  call 
in  the  anatomical  schools  "  demonstration,"  is  indis- 
pensable to  scientific  knowledge.  There  are  how- 
ever some  criteria  so  obvious,  and  so  simple,  that  any 
sensible  man  with  a  correct  eye  and  a  discriminating 
touch,  may  apply  them.  Horse-dealing  is  perhaps 
the  only  subject  that  contradicts  Pope's  maxim, 
"  A  little  knowledge  is  a  dangerous  thing." 

The  first  point  to  which  I  should  direct  a  pur- 
chaser's attention,  is  the  size  and  apparent  strength 
of  the  horse.     This  is  a  matter  on  which  every  man 


THE  ADVENTURES  OF  A  GENTLEMAN,  ETC.    63 

who  follows  my  former  advice,  to  consider  well  what 
kind  of  a  horse  he  wants,  is  more  or  less  competent 
to  judge. 

I  will  offer  a  preliminary  remark  which  may  assist 
him.  A  well-bred  horse  is  rarely  able  to  carry  much 
weio-ht  if  he  stands  less  than  fifteen  hands  and  an 
inch ;  a  half-bred  horse  will  often  carry  great  weight 
though  he  does  not  exceed  fourteen.  It  is  difficult 
to  define  exactly  the  difference  in  appearance  be- 
tween well-bred  and  half-bred  horses.  To  the  eye  it 
is  intelligible  at  a  glance,  but  it  may  guide  the  ob- 
servation in  some  measure  to  notice  that  there  is  a 
general  lightness  and  promise  of  elasticity  about 
the  former,  which  the  latter  usually  want ;  the  head 
is  smaller,  the  crest  higher,  the  mane  and  tail  more 
silky  in  their  form,  the  hocks  and  legs  are  flatter,  or 
have  that  character,  which  the  jockeys  describe  as 
"  clean ;"  the  root  of  the  tail  is  better  defined,  the 
outline  of  the  hind  legs  from  the  hock  to  the  fetlock 
is  perpendicular  :  the  muscles  are  usually  more  dis- 
tinctly developed,  and  the  tendons  are  more  tense  to 
the  touch :  the  feet  are  smaller,  and  their  pastern 
joints  are  commonly  longer  and  more  oblique.  Their 
action  is  yet  more  distinct ;  the  high-bred  horse  does 


64  THE  ADVENTURES  OF  A  GENTLEMAN 

not  usually  possess  high  action,  and  his  walk  and  trot 
are  slower  in  speed  and  less  brisk  in  appearance.  On 
the  other  hand,  his  canter  or  gallop  is  more  graceful, 
more  easy,  and  of  course  more  rapid.  His  mouth  feels 
more  lively  or  "  lighter,"  as  it  is  termed,  to  the  bridle 
hand,  and  there  is  altogether  a  vivacity  both  in  ap- 
pearance and  in  movement  which  is  seldom  found  in 
a  half-bred  horse ;  wholly  different  however  from 
that  bustling  kind  of  activity  which  may  be  noticed 
in  a  butcher's  trotter.  If  my  readers  will  bear  these 
general  remarks  in  mind  when  he  has  an  opportunity 
of  comparing  different  breeds  with  the  eye,  I  think, 
that  after  a  few  trials,  he  will  be  at  no  loss  to  form 
an  accurate  opinion,  even  where  the  difference  of 
breed  is  not  considerable.  I  have  heard  people  ex- 
claim, "What  breed!"  when  they  see  a  slovenly- 
made  weedy  thing,  with  long  spider-like  spindle- 
shanks,  and  as  lean  as  a  lath.  Though  a  certain  de- 
gree of  slimness  of  make  is  commonly  observed  in 
thorough-bred  horses,  especially  when  young,  there 
is  no  greater  mistake  than  to  suppose  that  this  is  the 
invariable  concomitant  of  pure  descent.  Smolensko 
was  remarkable  for  the  size  and  power  of  his  limbs : 
I   once  measured  his  leg  below  the  knee  with  my 


IN  SEARCH  OF  A  HORSE.  65 

hands,  and  it  required  the  span  of  one  hand,  aided 
by  a  finger  of  the  other,  to  encircle  it.  I  believe 
Terrare  was  yet  larger  in  the  bone. 

When  the  term  thorough-hred  is  used  in  its  strict 
acceptation,  in  reference  to  the  pedigree  of  a  horse, 
it  means,  that  for  five  generations  back,  its  purity  of 
blood  can  be  deduced  without  uncertainty ;  and  by 
purity  of  blood  is  meant  a  lineal  descent  from  the 
Barb,  Turk,  or  Arabian.  The  pedigree  of  our  cele- 
brated race-horses  being  matter  of  record  in  the  stud- 
book,  it  is  always  sufficient  to  trace  any  horse  to  an 
ancestor  of  acknowledged  breed,  such  as  Eclipse, 
Childers,  &c.,  and  if  this  can  be  done,  on  the  side 
both  of  the  sire  and  the  dam,  no  further  pedigree  is 
necessary.  This  brief  explanation  of  the  term  "  tho- 
rough-bred" is  ofi'ered  to  those  who  are  not  in  the 
habit  of  breeding  stock  ;  for  I  must  repeat  that  my 
book  is  not  designed  for  the  edification  of  practical 
and  experienced  men. 

If  the  object  is  to  get  an  animal  of  considerable 
power  and  fair  speed,  and  the  price  must  be  re- 
stricted to  forty  or  fifty  guineas,  I  should  recom- 
mend one  of  the  cob  make,  between  fourteen  and 
fifteen  hands.    If  activity  and  wind  are  more  coveted 


66  THE  ADVENTURES  OF  A  GENTLEMAN 

than  strength,  a  horse  about  three-parts  bred,  and 
not  under  fifteen  hands,  is  more  likely  to  answer  the 
purpose ;  but  if  he  is  good  for  any  thing,  the  figure 
will  be  at  least  ten  guineas  higher.  Should  an  occa- 
sional day's  sport  be  combined  with  other  views, 
both  height  and  strength  are  indispensable,  and 
seventy  guineas  will  be  the  minimum  price.  But  it 
is  very  rare  indeed  to  find  one  of  your  "  occasional 
hunters"  fit  for  the  field  :  he  may  carry  well  enough 
over  the  first  two  or  three  fences,  or  perhaps  through 
a  quiet  day ;  but  the  chances  are  ten  to  one  that  on 
second  trial  he  swerves  from  his  leap,  or  bolts,  or 
breaks  down.  Hunters  are  not  sold  as  hacks  till 
they  have  proved  treacherous ;  and  of  all  the  nui- 
sances on  earth,  an  unsafe  horse  after  the  hounds  is 
the  greatest.  I  once  fell  in  with  the  hounds  pretty 
well  mounted,  but  on  one  of  these  occasional 
hunters.  It  was  not  in  human  nature  to  turn  away, 
even  if  I  had  known  my  horse.  He  bolted,  and 
dashed  through  a  bridle  gate  at  speed ;  the  post  fairly 
cut  off  the  side  of  my  boot — another  half-inch,  and  I 
should  have  struck  it  flush  upon  my  knee-pan,  and  of 
course  have  been  disabled  for  life  !  There  is  neither 
heroism  nor  pleasure  in  such  fool-hardy  adventures. 


IN  SEARCH  OP  A  HORSE.  67 

But  to  return  to  my  subject.  If  in  general  ap- 
pearance the  horse  promises  to  suit,  it  is  prudent  to 
see  him  through  his  paces  before  you  inspect  him 
closely ;  the  opposite  course  is  commonly  followed, 
but  I  think  erroneously.  The  action  of  a  horse 
when  closely  observed,  guides  to  his  defective  points, 
and  tells  us  where  the  scrutiny  should  be  severe. 

It  is  very  difficult,  however,  to  judge  of  a  horse's 
action.  I  once  took  a  valuable  mare  to  the  college 
for  examination :  I  knew  she  was  lame,  but  where,  I 
was  utterly  unable  to  discover;  and  my  perplexity 
was  by  no  means  singular.  Not  only  was  I  unable 
to  penetrate  the  cause,  but  I  could  not  even  guess 
which  leg  was  in  fault.  Mr.  Sewell  himself  was 
obliged  to  examine  her  closely.  About  ten  or  twelve 
of  his  pupils  were  present,  and  several  of  them  were 
asked  their  opinions :  each  had  his  own,  but  none 
were  exactly  right,  though  there  were  but  four  legs 
between  which  to  decide.  The  fact  was  that  she  was 
lame  on  every  leg,  and  in  consequence  her  action  was 
pretty  uniform. 

To  a  certain  extent,  this  is  not  uncommon.  Where 
both  the  fore  feet  are  equally  tender,  the  action  is 
destroyed,  but  it  is  not  uneven^  and  the  limp  is  con- 
sequently not  perceptible. 


68      THE  ADVENTURES  OF  A  GENTLEMAN 

In  some  horses,  defective  action  is  of  course  far 
more  difficult  to  discover  than  the  limp  occasioned  by 
disease ;  but  still  there  are  general  rules  by  which 
the  judgment  may  be  guided.  I  have  already  notic- 
ed the  usual  difference  in  high-bred  and  other  horses. 
It  follows,  that  in  criticising  action,  attention  must 
be  paid  to  the  breeding  of  the  horse ;  but  in  both 
classes  it  may  safely  be  laid  down  as  a  maxim,  that 
a  bold  and  decided  motion  from  the  shoulder  is  good, 
especially  if  the  head  is  well  and  evenly  carried ;  the 
knee  should  be  fairly  bent,  the  foot  placed  firmly  and 
fearlessly  on  the  ground,  and  the  toes  in  a  direct 
line  with  the  body,  neither  inclining  to  one  side  nor 
the  other.  The  hind  legs  should  be  "well  gathered" 
under  the  body,  with  the  toes  fairly  raised  from  the 
ground,  and  the  hind  feet  spread  pretty  accurately 
in  the  impress  of  the  fore  feet.  If  they  pass  beyond, 
the  agreeable,  accompaniment,  vulgarly  termed  "ham- 
mer and  click,"  is  very  likely  to  be  heard;  not  when 
the  horse  is  shown,  for  there  are  easy  means  of  pre- 
venting its  being  audible,  such  as  allowing  the  toe  of 
of  the  hind  foot  to  extend  a  little  over  the  shoe. — 
This  noise  is  made  by  the  hind  shoe  striking  against 
the  interior  rim  of  the  fore  shoe,  so  that  if  the  horn 
of  the  hind  foot  covers  the  iron,  the   collision  with 


IN  SEARCH  OF  A   HORSE.  69 

the  fore  shoe  remains,  but  it  is  inaudible :  when  the 
horse  has  been  ridden  for  a  week  or  two,  the  hind 
toe  becomes  worn  away,  and  then  the  iron  strikes 
audibly  as  usual. 

If  the  toes  of  the  hind  feet  "  drag  the  ground,"  it 
is  a  defect  indicative  of  disease  in  the  hocks ;  a  drop- 
ping or  irregular  carriage  of  the  head  is  a  sure  sign 
of  lameness.  Very  high  action  is  bad — it  is  often 
unpleasant  to  the  rider;  it  wears  and  bruises  the 
feet  on  hard  roads,  and  it  is  not  unfrequently  the 
cause  of  the  speedy  cut;  the  foot  striking  against 
the  inside  of  the  opposite  knee ;  this  is  particularly 
the  case  in  horses  with  broad  feet  and  soft  heels. 
Very  low  action  is  unsafe,  for  obvious  reasons;  the 
toe  has  a  tendency  to  strike  any  accidental  elevation 
of  the  ground,  such  as  a  large  stone  or  frozen  rut, 
and  becomes  worn  almost  to  the  quick  ;  thus  the  foot 
is  injured  even  if  the  horse  is  not  brought  down. 
Some  horses  are  very  apt  to  turn  their  feet  very 
much  outwards  or  inwards  in  their  trot ;  either  de- 
fect is  very  unpleasant  to  the  eye,  and  the  latter 
often  unsafe :  the  former  is  usually  found  in  slow 
horses,  the  other  in  fast  trotters.  To  judge  if  such  a 
fault  exists,  it  is  prudent  to  change  your  position  to 
7 


70      THE  ADVENTURES  OF  A  GENTLEMAN 

the  end  of  the  ride,  and  watch  the  horse's  approach, 
as  well  as  Kis  passing  action. 

A  wide  straddling  action  of  the  hind  legs  or  the 
opposite  fault,  of  having  the  hocks  too  close,  so  as  to 
turn  the  hind  feet  outwards  on  the  trot,  is  very  un- 
graceful, and  usually  implies  an  uneasy  seat.  The 
latter  fault  is  generally  described  as  cow-hocked,  be- 
cause it  makes  the  action  resemble  that  of  a  cow.  It 
is  not  uncommon  in  fast  horses,  but  I  am  not  aware 
that  it  indicates  unsoundness,  though  it  is  commonly 
said  to  render  a  horse  more  liable  to  spavin  and 
thorough-pin. 

The  ostler  and  the  dealer  together,  almost  always 
contrive  to  put  the  horse  to  his  full  trot,  when 
shown.  The  object  of  this  is  to  conceal  lameness. 
To  examine  a  horse's  action  fairly,  he  should  be 
allowed  to  walk  and  trot  down  the  ride  quite  at  his 
own  pace,  and  with  head  unrestrained :  the  pace 
should  not  exceed  five  or  six  miles  an  hour :  and  if 
you  can  prevail  on  the  dealer  to  lay  aside  the  whip 
(a  very  difficult  matter,)  it  will  greatly  facilitate  your 
observation.  I  need  scarcely  add  that  the  trial 
should  be  repeated  on  the  stones  or  hard  road ;  for  a 
horse  must  be  tender-footed  indeed  to  show  lame 
when  running  down  the  straw. 


f 


IN  SEARCH  OF  A  HORSE.  71 

There  is  a  peculiar  appearance  about  the  legs  in 
some  instances;  it  is  called  by  the  dealers  ^'groggi- 
ness."  Where  the  fore  leg  inclines  a  little  forward 
at  the  knee,  or  is  readily  bent  at  the  least  touch  be- 
hind the  knee,  it  is  termed  "knuckling."  I  have 
seen  very  young  horses  show  this  deformity  before 
they  have  been  backed ;  but  if,  in  addition  to  this, 
there  is  a  tremulous,  tottering  motion  of  the  limb,  it 
is  a  decided  proof  that  the  horse  has  "  done  his 
work,"  whatever  may  be  his  age  ;  he  is  decidedly 
"groggy,"  and  should  be  rejected.  It  proceeds 
from  relaxation  of  the  sinews,  and  in  young  horses 
may  be  relieved  and  perhaps  cured,  by  rest  and  blis- 
tering; but  still  the  animal  will  never  be  fit  for 
much  exertion. 

There  are  other  points  in  the  action  to  which  a 
good  judge  will  direct  his  eye ;  such  as  the  carriage 
of  the  head  and  tail,  steadiness  and  uniformity  of  the 
trot,  and  the  promptitude  with  which  the  check  is 
obeyed ;  if  he  is  very  particular,  he  will  even  see  him 
in  the  lunge.  I  am  not  writing,  however,  for  the 
professed  jockey,  but  (if  there  is  such  an  oddity  to 
be  found)  for  the  acknowledged  ignoramus.  When 
he  finds  himself  qualified  to  judge  of  the  soundness 


72       THE  ADVENTURES  OF  A  GENTLEMAN 

of  action,  he  will  not  be  long  before  he  learns  for 
himself,  in  what  its  elegance  consists. 

With  one  further  hint  to  him,  in  reference  to  lame- 
ness, I  shall  quit  the  subject.  Be  careful  to  observe 
if  a  horse,  apparently  even  free  and  bold  in  action, 
does  not  occasionally  drop  ;  if  a  casual  halt  or  a  sort 
of  misgiving  on  any  leg  is  perceived,  reject  the  ani- 
mal at  once ;  he  will  fall  almost  to  a  certainty  when 
put  to  his  work.  It  is  difficult  to  penetrate  the 
cause  of  this  defect — in  some  cases  it  arises  from 
splents,  in  others  from  sprains,  in  many  from  the  re- 
maining debility  of  a  sinew,  that  has  formerly  been 
strained,  and  in  most,  perhaps,  from  thrush,  corns, 
tender  heels,  and  other  affections  of  the  feet.  If  it 
is  exhibited  on  the  ride,  the  legs  may  reasonably  be 
suspected ;  if  on  the  stones,  the  feet  are  probably 
bad :  but  wherever  the  fault  exists,  it  is  a  decided 
fault,  and  the  horse  is  an  unsafe  purchase. 

While  I  am  adverting  generally  to  the  selection 
of  a  horse,  I  may  allude  to  one  or  two  other  points 
deserving  consideration.  In  judging  of  his  height, 
be  careful  to  have  him  placed  on  level  ground.  In 
the  usual  way  in  which  horses  are  shown,  purchasers 
may  be  deceived  to  the  extent  of  an  inch,  or  perhaps 


IN  SEARCH   OF  A   HORSE.  73 

two ;  and  that  difference  is  important,  not  only  in 
reference  to  his  strength,  but  because  it  may  mate- 
rially affect  his  re-sale.  Few  horses  under  fifteen 
hands  and  a  half  are  eligible  for  posting,  stages,  or 
similar  purposes ;  and  though  a  gentleman  buys  a 
horse  to  keep  him,  he  should  never  forget  the  pro- 
bability of  his  being  speedily  obliged  to  part  with 
him,  if  a  month's  trial  proves  that  he  does  not  an- 
swer his  purpose. 

A  due  elevation  of  the  shoulder  is  also  considered 
a  desirable  point  in  a  saddle-horse.  I  cannot  say 
that  I  have  ever  regarded  it  as  of  great  importance, 
but  it  has  undoubtedly  a  tendency  to  prevent  the 
saddle  working  too  far  forward,  and  so  far  it  de- 
serves attention.  I  have  heard  good  practical  judges 
attach  great  value  to  a  rise  in  the  shoulder-blade,  as 
respects  the  safety  of  the  horse's  action.  My  own 
experience,  however,  does  not  enable  me  to  confirm 
the  truth  of  the  remark,  though  I  have  certainly 
noticed  that  horses  with  free  action  have  generally  a 
well-raised  shoulder. 

A  man  who  is  not  a  very  timid  rider,  will  act 
wisely  in  choosing  a  high-couraged  horse ;  not  one 
of  capricious  or  irritable  temper — that  is  a  very  dif- 
7* 


74      THE  ADVENTURES  OF  A  GENTLEMAN 

ferent  thing — but,  to  use  a  common  phrase,  a  horse 
of  "good  pluck,"  one  that  is  ready  "to  go,"  without 
asking  too  many  inconvenient  questions  of  why  and 
where.  I  firmly  believe  that,  in  many  instances, 
animals  of  this  description,  even  when  unsound,  are 
practically  safer  than  the  soundest  slugs.  Their 
"  courage  keeps  them  up,"  is  quite  a  proverbial  ex- 
pression among  grooms  and  post-boys,  and  there  is 
more  truth  in  it  than  is  usually  supposed.  A  high- 
couraged  horse  is  less  sensible  of  fatigue  than  those 
of  a  tame  and  quiet  temperament.  We  may  judge 
in  some  measure  by  what  we  daily  observe  in  human 
nature :  a  man  of  sanguine  disposition  will  often 
endure  a  degree  of  bodily  fatigue  from  which  men  of 
less  mental  energy  would  shrink,  though  possessed 
of  greater  physical  strength. 

I  will  conclude  this  chapter  with  observing  that 
horses  having  long  pasterns,  have  usually  a  lumber- 
ing lolloping  action,  neither  fast  nor  pleasant ;  on 
the  other  hand,  those  which  have  pasterns  unusually 
upright,  are  stiff  and  jolting  in  their  motion.  Both 
extremes  should  be  avoided ;  the  former  defect  is 
more  common  in  high-bred  horses,  and  the  latter  is 
frequently  indicative  of  a   disease  called  the  ring- 


IN   SEARCH  OF  A   HORSE. 


75 


bone,  especially  if  accompanied  by  high  and  perpen- 
dicular heels.  Of  the  two  faults,  it  is  considered 
the  most  objectionable. 


CHAPTER    IV 


After  all  that  has  been  said  in  my  former  chap- 
ter, it  can  scarcely  be  necessary  to  caution  the 
reader,  that  if  he  is  treating  with  men  of  whose 
respectability  he  is  not  well  assured  by  previous 
information,  or  general  repute,  he  must  attentively 
listen  to  every  syllable  that  is  said  by  dealer,  gentle- 
man, or  groom,  and  believe  nothing. 

I  was  one  day  examining  a  horse  that  pleased  me 
much ;  but  I  perceived  a  blemish  over  the  eye :  the 
hair  was  slightly  turned,  and  on  raising  it  with  my 
finger  I  found  a  scar. 

"  It  is  of  no  consequence.  Sir ;  a  rascal  that  I  dis- 
charged last  week,  struck  him  over  the  head  with  a 
fork." 

"  It  happened  last  week,  Mr.  Brown  ?" 

"Yesterday  was  a  week.  Sir." 

"  What  provoked  the  man  ?" 


THE  ADVENTURES  OF  A  GENTLEMAN,  ETC.    77 

"  He  was  taking  the  horse  to  be  shod.  Sir,  and  I 
suppose  he  would  not  stand  quiet  in  shoeing." 

Now  there  were  two  little  circumstances  that 
made  me  suspicious  of  this  explanation,  independent- 
ly of  the  scar  not  appearing  to  be  quite  so  recent  in 
date.  "  Yesterday  week"  chanced  to  be  on  a  Sun- 
day ;  so  that  there  was  little  probability  of  the  horse 
having  been  at  the  blacksmith's  to  be  shod,  at  the 
time  alleged ;  and,  about  five  minutes  previously,  I 
had  inquired  of  the  ostler  how  long  the  horse  in  the 
adjoining  stall  had  been  in  the  stables.  "  He  came 
from  the  country,  from  Reading  fair,  along  with  the 
two  next  him,  in  the  middle  of  last  week." 

I  had  no  object  in  irritating  my  friend,  the  dealer, 
by  telling  him  he  lied :  he  knew  that  well  enough, 
but  it  would  have  "  hurt  his  conscience  to  be  found 
out."  I  was  put  on  my  guard,  and  had  the  horse 
led  out  a  second  time  for  examination,  when  I  dis- 
covered a  blemish  on  each  knee;  so  slight  that  it 
had  escaped  my  eye  on  my  first  inspection,  but  still 
so  unequivocal,  that  even  the  dealer's  impudence 
could  not  deny  it. 

"  That  rascal  of  yours,  Mr.  Brown,  must  have 
been  a  desperate  fellow  to  maul  the  poor  creature 
over  the  knees  as  well  as  the  head !" 


78      THE  ADVENTURES  OF  A  GENTLEMAN 

"  Well ;  I  believe  there  was  a  little  mishap  coming 
from  Reading,  but  the  horse  is  none  the  worse  for  it, 
I  am  sure." 

The  man  lied  still ;  the  accident  was  at  least  three 
or  four  months  old ;  and  he  had  doubtless  bought  the 
horse  as  a  blemished  horse,  to  sell  him  at  an  unblem- 
ished price ;  but  the  further  investigation  would  have 
profited  little,  either  to  me  or  him,  so  I  left  him  to 
himself,  to  chew  the  cud  on  his  loss  of  a  customer. 
I  was  so  well  satisfied  with  the  horse  in  other  res- 
pects, that  had  he  frankly  told  me  the  truth,  and 
asked  a  price  in  proportion  to  the  defect,  I  should 
have  bought  him. 

In  many  similar  instances,  I  have  been  told,  with 
unblushing  efi'rontery,  that  "  he  blemished  himself  in 
leaping  a  gate ;"  "he  got  loose  last  night  in  the  sta- 
ble, and  rubbed  the  hair  off:"  "he  ran  in  the  dark 
against  a  barrow  that  an  old  fish-woman  had  left  in 
the  gateway;"  to  which  my  reply  has  uniformly  been 
a  philippic  against  drunken  ostlers  and  careless  fish- 
fags,  with  regret  that  such  a  valuable  horse  should 
be  spoilt  for  sale.  I  recommend  equal  prudence  to 
my  reader ;  it  will  save  him  from  buying  a  bad  horse, 
and  not  less  from  a  nuisance  only  second  in  degree, 
a  personal  squabble  with  a  detected  horse-dealer ! 


IN  SEARCH  OF  A   HORSE.  79 

It  is  obviously  impossible  to  explain,  to  an  inex- 
perienced man,  all  the  symptoms  of  unsoundness. 
I  do  not  pretend  to  understand  them  myself,  though 
I  have  had  some  practice,  and  am  not  altogether 
destitute  of  anatomical  knowledge ;  but  to  make  them 
intelligible  by  description  only,  would  be  hopeless  to 
the  most  skillful  veterinary  surgeon.  There  are, 
however,  some  indications  of  latent  disease,  so  well 
marked,  that  any  man  who  has  once  heard  them 
mentioned,  will  detect  them ;  and  as  my  object  is  not 
to  write  a  scientific  treatise,  for  which  I  am  not  qual- 
ified, but  to  ofi"er  a  few  such  practical  suggestions  as 
a  man  who  has  bought  a  score  or  two  of  horses  is 
well  able  to  give,  I  will  state,  in  popular  language, 
what  these  indications  are. 

The  foot  of  a  horse  is  the  first  part  to  be  ex- 
amined. A  well-made  foot  should,  in  its  external 
shape,  be  almost  semi-circular,  and  inclining  to  the 
conical  form  of  a  beer-tunnel.  I  must  assume  that 
my  reader  is  conversant  with  the  names  of  the  differ- 
ent parts  of  the  horse's  foot ;  if  not,  let  him  turn 
into  the  next  farrier's  shop  that  he  passes,  and  five 
minutes  will  be  advantageously  spent  in  acquiring 
them. 


80  THE  ADVENTURES  OF  A  GENTLEMAN 

To  enable  him  to  receive  his  lesson  with  more  ad- 
vantage, I  will  briefly  mention  the  principal  parts  of 
this  important  organ. 

The  foot  is  enclosed  in  a  horny  case  called  the 
hoof.  This  horny  case  is  termed  the  crust  or  wall. 
It  is  about  half  an  inch  in  thickness  in  the  fore  part 
of  the  foot,  and  becomes  thinner  as  it  recedes.  I 
have  already  observed  that  the  hoof  inclines  upwards 
in  the  form  of  a  beer-tunnel ;  it  would  be  more  scien- 
tific to  say  that  the  inclination  is,  or  ought  to  be,  at 
an  angle  of  45  degrees  with  the  plane  of  the  shoe. 
If  this  angle  is  materially  less,  the  sole  is  flat  or  per- 
haps convex  ;  if  the  angle  exceeds  45  degrees,  the 
foot  is  contracted.  Any  man  may  easily  accustom 
his  eye  to  an  accurate  measurement  of  the  angle,  by 
attentively  noticing  it  in  the  extension  of  a  pair  of 
compasses.  It  would  be  rather  green,  however,  to 
produce  them  at  Tatter  sail's  or  the  Bazaar. 

Where  the  hoof  appears  to  unite  with  the  skin  at 
the  top,  or  more  properly  speaking  at  the  root  of  it, 
it  is  called  the  coronet.  The  crust  here  becomes 
very  thin,  and  at  the  thinnest,  it  is  called  the  coro- 
nary rmg.  There  is  a  thick  fold  of  skin  just  above 
this,  which  is  called  the  coronary  ligament^  not  that 


IN  SEARCH  OF  A  HORSE.  81 

it  is  a  ligament  in  the  true  anatomical  sense  of  the 
term  ;  such,  however,  is  its  name. 

The  crust  of  the  hoof  extends  itself  towards  the 
heel,  and  then  abruptly  curves  inwards,  in  the  form 
delineated  below. 

The  ends  thus  inclining  inwards  are  called  the 
bars ;  they  are  not  usually  seen  ex- 
cept in  faint  traces  in  London  horses, 
for,  from  a  very  mistaken  and  mis- 
chievous policy  of  the  farrier,  whose 
ambition  is  to  give  the  foot  an  open  appearance  at 
the  expense  of  safety  and  soundness,  they  are  cut 
away  in  paring  the  foot  for  the  shoe  ;  and  this  is 
what  they  call  "  putting  the  foot  in  order  I"  I  have 
scarcely  ever  seen  a  horse  in  a  dealer's  stables  that 
retained  the  bars  perfect. 

The  frog  is  an  elastic  horny  substance  between  the 
bars,  occupying  about  a  fourth  part  of  the  foot,  and 
in  the  shape  of  the  letter  Y  inverted.  It  will  be 
more  clearly  understood  from  a  figure. 
It  is  also  the  fashion  to  reduce  and 
pare  away  the  frog  as  well  as  the 
bars.     To   do  this  so  far  as   not  to 

expose  it  to  the  first  contact  with  the 
8 


82      THE  ADVENTURES  OF  A  GENTLEMAN 

ground,  when  the  foot  descends,  is  perhaps  judicious  ; 
but  nothing  is  more  obvious  than  that  nature  in- 
tended this  elastic  and  hard  substance  to  break  the 
jar  of  the  descending  foot,  and  therefore  it  ought 
still,  notwithstanding  the  artificial  protection  given 
by  the  shoe  to  meet  the  ground.  It  should  be  re- 
collected that  the  shoe  is  only  an  aid  to  the  firmness 
and  durability  of  the  crust,  and  instead  of  contribu- 
ting to  the  elasticity  of  the  tread,  has  a  tendency 
directly  the  reverse,  and  so  far,  injurious. 

Instead,  therefore,  of  removing  any  of  those  parts 
which  are  intended  by  nature  to  soften  and  diminish 
the  jar  of  violent  action,  it  should  be  our  study  to 
preserve  them,  as  far  as  is  consistent  with  the  neces- 
sary defence  of  the  crust.  It  follows,  that  the  frog 
ought  to  be  allowed  to  project  so  far  as  to  meet  the 
ground  when  the  foot  expands,  though  not  so  low  as 
to  be  the  first  part  to  come  in  contact  with  it. 

That  part  of  the  external  foot  which  has  a  plane 
surface,  and  extends  from  the  frog  to  the  crust,  is 
called  the  sole.  This,  too,  is  horny  and  elastic.  In 
a  healthy  foot  it  ought  to  be  somewhat  concave  :  and 
this  form  should  be  maintained  as  much  as  possible, 
in  preparing  the  foot  for  the  shoe. 

The  heels  constitute  the  posterior  part  of  the  foot, 


IN  SEARCH  OF  A  HORSE. 


83 


in  which  the  two  branches  of  the  frog  terminate,  and 
are  also  elastic  and  of  a  horny  consistency. 

The  purchaser  will,  by  aid  of  this  little  preliminary 
explanation,  be  very  well  able  to  understand  the 
practical  demonstration  which  I  have  advised  him  to 
seek  from  the  farrier  :  and  here  I  shall  drop  the  des- 
cription. As  he  may  often  hear  of  the  coffin, 
pastern,  and  navicular  bones,  it  is  expedient  to  add 
that  the  first  is  a  triangular-shaped  bone  that  occu- 
pies the  interior  of  the  foot,  in  a  position  correspond- 
ing with  the  inclination  of  the  hoof ;  the  smaller  pas- 
tern is  a  bone  directly  above  it,  and  articulating  into 
its  upper  surface  ;  and  the  navicular  bone  is  a  small 
bone  which  lies  behind  the  articulation  of  the  coffin 
and  smaller  pastern,  and  assists  in  forming  what  is 
called  the  coffin-joint.  Their  relative  position  in  the 
foot  may  be    collected   from   this   figure,  but  it   is 


84  THE  ADVENT  (JRES  OF  A  GENTLEMAN 

hopeless  to  convey  a  correct  idea  of  them  without 
the  aid  of  a  preparation  ;  and  almost  every  veterinary 
surgeon  will  give  a  more  accurate  knowledge  of 
them  in  five  minutes,  by  the  assistance  of  his  speci- 
mens, than  the  most  elaborate  written  explanation 
can  eiFect. 

To  complete  this  general  description  of  the  foot, 
it  only  remains  to  notice  that,  between  the  surface  of 
the  coffin  bone  and  the  interior  surface  of  the  crust, 
there  are  an  immense  number  of  horny  laminae,  of  a 
cartilaginous  nature,  radiating  from  the  base  of  the 
hoof  towards  the  coronet,  the  object  of  which  is  to 
contribute  to  the  elasticity  of  the  tread ;  so  anxiously 
has  nature  provided  in  every  part  of  this  useful 
animal,  to  adjust  his  physical  structure  to  that  severe 
and  peculiar  exertion  which  is  required  by  the  labor 
to  which  he  is  subjected.  The  remark  which  I  have 
already  made  on  this  point  cannot  be  too  strongly 
impressed  on  the  mind ;  that  this  excess  of  precau- 
tion in  the  natural  arrangement  of  the  foot,  to  guard 
it  against  the  jar  of  violent  concussion,  should  guide 
the  farrier  to  observe  it  as  a  principle  in  shoeing  that 
its  elasticity  is  to  be  preserved  to  the  utmost  extent 
possible,  consistently  with  the  protection  which  the 
iron  is  intended  to  give  to  the  crust. 


IN  SEARCH   OF  A   HORSE.  86 

An  easy  mode  of  preserving  the  elasticity,  is  by 
allowing 'a  small  space  to  remain  between  the  shoe 
and  the  quarters,  or  that  part  of  the  hoof  where  the 
bars  begin;  the  separation  between  the  iron  and  the 
hoof  at  this  point,  should  not  be  less  than  the  eighth 
of  an  inch.  When  the  horse  is  shod  in  this*mannjer, 
it  is  easy  to  observe  the  elastic  character  of  the  foot. 
When  the  foot  is  on  the  ground,  no  space  will  be  per- 
ceptible ;  the  expansion  of  the  foot  will  be  such  that 
the  iron  will  appear  in  close  contact  with  the  hoof: 
when,  however,  the  foot  is  raised  the  space  will  be- 
come visible ;  and  it  will  be  found  that  this  cannot 
proceed  from  the  shoe  lodging  itself  in  the  hoof  by 
the  pressure  ;  for  if  this  were  the  reason,  the  iron 
would  become  bent,  and  remain  lodged  after  the  foot 
left  the  gi:ound.  It  is  not  that  the  iron  plate  is 
pressed  into  the  foot,  but  the  elasticity  of  the  foot 
makes  it  descend  to  the  iron.  A  skilful  smith  will 
always  fasten  on  the  shoes  upon  this  principle. 
Practically,  many  of  them  understand  it,  for  you 
frequently  hear  them  explain  accidental  lameness  by 
saying  that  the  shoe  has  been  put  on  "too  tight:" 
the  operation,  however,  of  this  "  tight"  shoeing,  in 
impeding  the  elasticity  of  the  tread,  and  thereby  oc- 


86      THE  ADVENTURES  OF  A  GENTLEMAN 

casioning  inflammatory  action,  and  consequent  ten- 
derness and  contraction,  is  understood  by  very  few 
smiths,  and  too  little  regarded  by  many  veterinary 
surgeons.  I  believe  that  Mr.  Woodin,  to  whom  I 
have  occasion  to  refer  elsewhere  as  a  veterinarian  of 
great  skill,  was  the  first  to  suggest  this  method  of 
shoeing,  and  the  illustration  it  afi"ords  of  the  elasticity 
of  the  foot.  I  received  it  from  the  late  Professor 
Coleman  ;  but  I  have  since  understood  that  the  credit 
is  due  to  Woodin,  and  I  gladly  take  this  opportunity 
of  acknowledging  many  useful  hints  with  which  he 
has  favored  me. 

I  will  now  proceed  to  those  marked  and  visible 
defects  of  which  any  man  of  common  understanding 
may  easily  make  himself  a  competent  judge ;  at  least 
to  such  an  extent  as  may  guard  him  from  gross 
imposition. 

If  it  appears  that  towards  the  heels,  the  semi-cir- 
cular line  becomes  suddenly  straight,  and  the  sides 
of  the  foot  abruptly  approach  each  other,  it  may  be 
injFerred  that  the  heels  are  contracted.  In  these 
cases  the  natural  position  of  the  foot  is  partially 
changed ;  the  hoof  becomes  more  upright,  the  sole  of 
the  foot  descends,  and  the  horse  is  commonly  called 


IN  SEARCH   OF  A   HORSE.  87 

"foundered."  This  is  a  very  common,  and  yet  a 
serious  defect ;  it  usually  arises  from  bad  shoeing 
and  severe  work ;  but  I  profess  not  to  explain  the 
disease,  or  the  extent  to  which  it  admits  either  of 
cure  or  relief.  Those  who  are  interested  or  curious 
in  such  pathology,  must  refer  to  Professor  Sewell.  I 
may  add,  however,  that  although  a  contracted  foot  is 
indicative  of  past  disease,  it  by  no  means  follows  that 
it  is  unsoundness,  or  incapacitates  a  horse  from 
work.  It  is  most  common  in  high-bred  horses  ;  per- 
haps because  in  proportion  to  the  general  lightness 
and  activity  of  the  horse,  the  elasticity  of  the  foot  is 
more  perfect,  and  therefore  more  easily  deranged  by 
careless  shoeing,  and  neglect  of  the  principles  that  I 
have  just  noticed. 

The  best  way  of  judging  whether  there  is  any  mal- 
formation of  the  feet,  either  natural,  or  in  conse- 
quence of  disease,  is  to  front  the  horse,  and  compare 
the  two  feet  together.  Any  difference  of  size  or 
shape  is  thus  easily  detected ;  and  if  that  difference 
is  so  great  as  to  be  readily  apparent  to  the  eye,  there 
is  little  doubt  that  disease  exists  or  has  existed. — 
Where  the  eye  cannot  at  once  detect  it,  it  is  best  to 
take  up  a  straw,  aud  ascertain  by   actual  measure- 


v88       THE  ADVENTURES  OF  A  GENTLEMAN 

ment  across  the  heels,  whether  the  feet  corres- 
pond. 

The  fore  feet  are  rather  larger  in  a  well-formed 
horse  than  the  hind  feet.  If  a  purchaser  is  very 
particular,  this  circumstance  may  assist  his  observa- 
tion ;  should  he  find  a  material  difference  in  the  size, 
the  hind  feet  being  the  largest,  he  may  safely  infer 
that  the  animal  is  unsound,  or  likely  to  become  so, 
from  malformation. 

The  purchaser  should  carefully  notice  any  crack 
in  the  hoof;  a  fissure  descending  from  the  coronet 
towards  the  toes,  is  always  a  serious  defect,  and  gen- 
erally produces  lameness.  Any  cracks  imply  a  brit- 
tle and  dry  hoof,  and,  of  course,  a  tendency  to  lame- 
ness. It  is  not  very  easy  without  minute  scrutiny, 
to  discover  a  sand  crack,  where  an  attempt  is  made 
to  conceal  it :  a  month's  run  in  marshy  grounds  will 
often  make  it  close  up,  till  the  horse  is  again 
brought  to  his  work  on  the  hard  road  :  and  it  is  not 
difficult  to  cover  the  interstice  superficially  with  tar 
and  tallow,  so  as  to  hide  it  from  a  common  observer. 
Any  shining,  oily  appearance  about  the  hoofs  should 
immediately  awaken  a  suspicion  of  the  existence  of 
cracks. 


IN  SEAKCH  OF  A  HORSB.  89 

A  prominent  ring  round  the  hoof,  has  been  fre- 
quently mentioned  to  me  as  a  symptom  of  recent  in- 
flammation ;  but  I  believe  it  to  be  a  fallacious  one ; 
for  I  have  often  noticed  such  marks  in  my  own 
horses,  when  I  have  had  them  long  enough  for  the 
entire  hoof  to  have  become  renewed  from  the  coro- 
net, and  yet  they  have  never  been  in  the  least 
degree  lame.  Where,  however,  the  outward  line  of 
the  hoof  marking  its  inclination  to  the  plane  of  the 
shoe  is  irregular,  instead  of  being  perfectly  straight, 
^.^^  as  I  have  attempted  to  describe  in  this 
profile,  it  marks  what  is  called  a  "  shel- 
ly" foot,  from  its  resemblance  to  the 
uneven  surface  of  an  oyster  shell,  and  this  is  de- 
cidedly bad. 

The  sole  of  the  foot  should  be  subjected  to  still 
closer  examination.  In  its  healthy  and  natural  state 
it  is  inclined  to  be  concave ;  whenever  it  is  found  to 
be  flat,  and  still  more  if  any  convexity  is  apparent, 
the  purchaser  may  safely  conclude  that  the  horse  is 
either  lame  or  will  soon  become  so :  I  should  con- 
sider a  fault  of  this  kind  quite  conclusive.  A  want 
of  substance  in  the  heel  is  a  usual  accompaniment  of 
a  convex  foot. 


90      THE  ADVENTURES  OF  A  GENTLEMAN 

The  frog  of  the  foot  should  be  firmly  pressed  be- 
tween the  finger  and  thumb :  if  any  white  matter 
flows  from  it,  there  is  a  thrush ;  and  this  denotes  a 
tenderness  of  the  foot.  It  often  exists  without  visi- 
ble lameness ;  but  a  sharp  stone  will  bring  the  horse 
down.  It  is  the  more  important  to  be  particular  in 
observing  the  existence  of  a  thrush,  because  I  know 
that  a  difference  of  opinion  prevails  among  farriers 
whether  it  amounts  to  unsoundness :  of  course  it 
would  be  hazardous  in  such  a  case  to  rely  upon  a 
warranty.  The  flow  of  matter  is  easily  checked  by 
the  application  of  a  little  sulphuric  acid;  and  then 
the  existence  of  the  disease,  if  such  it  be  considered, 
is  not  discovered  by  the  eye ;  but  if  the  foot  has  a 
fetid  smell,  it  is  probable  that  the  frog  is  rotten,  and 
by  this  means  the  purchaser  may  still  be  put  upon 
his  guard.  It  is  comparatively  of  little  consequence 
when  a  thrush  is  found  only  in  the  hind  feet. 

A  corn  is  another  disease  not  to  be  detected  by  a 
superficial  observer,  unless  it  happens  that  the  part 
affected  has  been  recently  cut  away  to  relieve  the 
pain.  This  part  is  usually  at  the  corner  of  the  heel, 
on  the  inside,  just  at  the  point  where  the  shoe  termi- 
nates.    It  is,  in  fact,  a  bruise  of  the  sole  of  the  foot, 


IN  SEARCH  OF  A  HORSE.  91 

occasioned  by  the  undue  pressure  of  the  shoe ;  and 
though  it  admits  of  partial  relief  by  cutting  away  the 
affected  part,  that  relief  is  rarely  permanent.  If  the 
foot  appears  to  have  been  cut  unusually  deep  at  the 
angle,  where  the  shoe  meets  the  inside  heel,  or  if 
there  is  any  peculiarity  in  the  shoeing  at  that  part, 
the  purchaser  may  infer  that  "it  is  not  all  right." 

These  are  the  ordinary  diseases  of  the  foot,  per- 
ceptible more  or  less  to  every  eye ;  but  I  am  far 
from  supposing  that  I  have  described  all  to  which 
that  important  organ  is  subject.  Tenderness  and 
even  lameness,  are  constantly  to  be  found  where  not 
one  of  these  diagnostics  is  perceptible.  Sometimes 
the  sole  is  extremely  thin,  and  the  foot  is  bruised, 
where  no  symptom  can  be  discovered  without  grad- 
ually paring  away  the  horny  substance.  If,  how- 
ever, none  of  the  indications  which  I  have  here 
mentioned  are  visible,  nor  any  marks  of  bruise  about 
the  coronet,  and  if  the  horse's  action  is  firm  and 
bold,  it  may  be  fairly  assumed  that  the  foot  is  in  a 
sound  state. 

I  should  have  observed  before,  that  a  dark  hoof  is 
preferable  to  a  white  one ;  the  latter  is  more  porous 
in  its  structure,  and  more  liable  to  become  dry  and 


92 


THE  ADVENTURES  OP  A  GENTLEMAN 


brittle.  This  is  easily  demonstrated  by  soaking  two 
hoofs  of  opposite  colors  and  equal  weight,  in  water : 
the  white  hoof  will  become  heavier  than  the  other 
when  saturated  with  water,  and  will  become  dry 
again  far  sooner.  It  is  also  quite  notorious  among 
farriers,  that  when  a  horse  is  lame,  having  one  foot 
white  and  the  other  black,  the  disease  is  generally 
found  in  the  white  foot.  So  common  is  this  prepos- 
session against  white  feet,  that  I  have  known  instan- 
ces of  the  hoof  being  stained  by  chanters ;  but 
while  I  admit  that  a  preference  is  due  to  the  dark 
hoof,  I  cannot  say  that  I  would  reject  a  horse  for  the 
want  of  it. 


CHAPTER   V 


Strains  of  the  fetlock  joint  are  almost  invariably 
productive  of  such  decided  lameness,  that  even  the 
knavery  of  a  professed  horse-chanter  is  at  fault  to 
hide  it.  Sometimes,  however,  partial  cures  have 
been  effected,  though  not  to  that  degree  that  the 
horse  becomes  safe  for  the  saddle,  or  qualified  for 
severe  work,  even  in  harness.  I  believe  that  the 
disease  consists  in  the  fracture  of  a  small  ligament ; 
but  neither  the  cause  nor  the  cure  of  it  is  my  present 
inquiry,  but  what  perceptible  traces  of  it  may  be  ex- 
pected. If  the  horse  does  not  show  lame,  I  know  of 
no  other  test  by  which  to  try  him  than  the  compara- 
tive size  of  his  two  legs  at  this  joint ;  and,  as  it  must 
be  a  well  practised  eye  that  can  discover  a  differ- 
ence, unless  too  conspicuous  to  allow  the  horse  to  be 
offered  as  sound,  there  is  no  other  course  than  mea- 
suring the  joints  with  a  straw,  as  I  before  recom- 
9 


94 


THE  ADVENTURES  OP  A  GENTLEMAN 


mended,  to  test  the  equality  of  the  feet.  A  customer 
must  be  prepared  for  a  little  coarse  raillery,  if  he 
ventures  on  these  hypercritical  precautions :  the  only 
way  to  receive  it  is  with  good  humor,  and,  if  genius 
permits,  with  a  repartee  that  may  throw  back  the 
laugh. 

One  day  my  suspicion  was  awakened  by  a  circum- 
stance of  this  nature.  Some  other  gentlemen  were 
looking  at  the  stables,  and  two  of  them  at  the 
very  horse  I  was  minutely  measuring.  They  ap- 
peared to  be  a  couple  of  school-boys  just   escaped 


from  Eton,  or  perhaps  freshmen  who  had  spent  a 
term  at  Cambridge.  I  have,  I  trust,  long  acquired 
the  lesson  of  not  being  quizzed  out  of  my  common 


IN  SEARCH  OF  A  HORSE.  95 

sense.  The  dealer  was  obviously  speculating  on  a 
purchaser  in  one  of  those  youths,  and  seemed 
nettled  at  my  narrow  scrutiny,  which  threatened  to 
disappoint  his  designs. 

"Tom,"  he  said  to  his  ostler,  "go  to  the  tailor's, 
and  borrow  his  measure  and  shears  for  the  gentle- 
man." 

"And  stop  at  the  saddler's  on  your  way,  Tom, 
and  buy  a  halter  for  your  master !" 

The  retort  told,  coarse  and  trite  as  it  was,  and 
I  was  allowed  to  finish  my  scrutiny  in  peace.  I 
detected  no  serious  enlargement  of  the  joint,  but 
I  found  a  scar  behind  the  pastern,  just  under  the 
fetlock,  which  implied  that  the  horse  had  been 
"nerved;"  and  the  man  admitted  it;  but  I  must 
honestly  confess  that  I  had  been  unable  to  discover 
it  by  his  action ;  and  it  was  for  this  reason,  perhaps, 
that  he  had  counted  upon  me  as  a  fair  subject  of 
ridicule. 

The  examination  of  the  leg  and  back  sinews,  is 
a  very  important  branch  of  a  purchaser's  duty, 
and  generally  far  less  difficult  to  perform  success- 
fully than  either  that  of  the  foot  or  the  fetlock  joint. 
Permanent  injury  to  the  leg  is  not  easily  concealed. 


96      THE  ADVENTURES  OF  A  GENTLEMAN 

Before  I  advert  to  enlargement  of  the  sinews,  I 
will  allude  to  a  complaint  called  wind-galls,  often 
found  just  above  the  fetlock  :  they  rather  disfigure 
than  lame  a  horse,  though  when  they  attain  a 
large  size,  they  are  injurious ;  they  are  occasioned 
by  an  excessive  secretion  of  the  synovial  matter 
supplied  for  lubricating  the  joint.  They  are  pre- 
cisely the  same  in  character  as  the  swelling  of  the 
bursa  mucosa  below  the  knee-pan  in  the  human 
subject ;  a  soft,  elastic  enlargement  of  the  gland, 
to  which  house-maids  and  char-women,  accustomed 
to  clean  floors  while  kneeling,  are  particularly 
liable.  The  purchaser  will  at  once  discover  them, 
not  only  by  the  eye,  but  by  the  peculiar  pulpy 
feel  that  is  found  on  pressure.  Where  he  finds 
this  defect,  he  may  consider  the  horse  unfit  for 
severe  work,  for  he  has  already  done  too  much, 
but  not  necessarily  unsound.  I  have  lately  pur- 
chased a  mare  which  is  subject  to  this  complaint ; 
her  hind  legs  are  remarkably  "pufi*ed."  I  have 
had  her  in  regular  work  for  about  six  months, 
and  I  find  that  she  is  scarcely  able  to  carry  weight 
in  the  saddle,  though  she  has  no  other  symptom  of 
disease.     She  goes  very  safely,  however,  in  harness, 


IN    SEARCH  OF  A    HORSE.  97 

but  occasionally  drops  behind,  as  if  from  debility. 
I  do  not  consider  wind-galls  to  be  any  serious  objec- 
tion to  a  draught  horse. 

A  strain  of  the  back  sinews,  (which  I  may  ex- 
plain to  the  unscientific  reader,  are  the  tendons  of 
those  muscles  that  are  attached  to  the  arm  of  the 
leg,  between  the  knee  and  the  shoulder,)  is  an 
injury  of  common  occurrence :  the  outward  symp- 
tom of  it  is  enlargement  and  tenderness.  It  is 
not  difficult  to  discover  this,  even  when  the  eye 
is  unable  to  perceive  any  swelling.  We  cannot 
assist  our  scrutiny  in  this  case  by  actual  measure- 
ment, because  the  flat  shape  of  the  leg,  and  the 
deep  position  of  the  injured  part,  may  allow  of 
considerable  enlargement,  without  any  material 
difference  in  the  circumference  of  the  healthy  and 
unsound  limb ;  but  the  feel  of  the  tendon  is  too 
peculiar  to  leave  room  for  doubt.  In  the  sound 
limb,  the  tendon  is  well  defined,  perfectly  distinct, 
and  has  a  tense,  hard  character,  that  resembles 
the  touch  of  a  cord  tightly  strung.  In  the  un- 
sound leg,  instead  of  the  distinct  perception  of  a 
hard,  ropy  substance,  the  tendon  is  traced  by  the 
finger  with  difficulty ;  it  is  not  easy  to  distinguish 
9* 


98       THE  ADVENTURES  OF  A  GENTLEMAN 

it  from  the  integuments  that  surround  it.  Though, 
strictly  speaking,  the  limbs  do  not  correspond 
either  in  structure  or  position,  it  is  not  incorrect  to 
say,  that  the  tendon  Achilles,  in  the  human  frame, 
conveys  an  apposite  idea  both  of  the  character 
and  use  of  the  back  sinew  in  the  fore  leg  of  a 
horse ;  at  all  events,  a  man  who  wishes  to  inform 
himself  of  the  peculiar  feel  of  a  sound  and  healthy 
sinew,  cannot  do  it  better  than  by  examining  with 
his  finger  and  thumb,  the  hard,  firm  nature  of  that 
tendon  in  himself.  If,  in  passing  his  hand  down 
both  the  legs,  he  is  conscious  of  essential  and 
marked  difference  between  them,  he  may  conclude 
that  the  horse  is  unsound. 

Another  defect  of  common  occurrence  in  horses, 
is  splents.  These  are  very  often  perceptible  to  the 
eye,  and  almost  always  to  the  touch.  Dealers 
and  every-day  farriers  call  every  indurated  swell- 
ing below  the  knee  of  a  horse,  a  splent.  I  have 
never  been  able  to  inform  myself  exactly  what  is 
the  true  definition  of  a  genuine  splent.  I  have 
received  different  explanations  from  almost  every 
veterinary  surgeon  that  I  have  asked;  but  Professor 
Sewell — (whose   name   I   do   not    like   to   mention. 


IN   SEARCH  OF  A   HORSE.  99 

without  testifying  to  .the  courtesy  and  scientific 
intelligence  with  which  he  has  uniformly  answered 
every  inquiry  I  have  had  occasion  to  make  of  him, 
though  I  am  scarcely  entitled  to  call  him  an 
acquaintance) — once  showed  me  a  specimen  of  a 
double  splent,  from  the  collection  of  preparations 
in  the  college.  The  bones  of  the  leg  had  become 
united  by  a  secretion  of  ossified  substance  between 
them ;  if  my  recollection  does  not  deceive  me,  for 
it  is  some  years  since,  he  mentioned  this  as  an 
aggravated  case.  I  believe,  however,  that  in  general 
the  splent  is  an  enlargement  of  the  bone,  or  at 
least,  an  irregularity  in  the  form  of  it,  though 
unattended  by  pain  or  even  inconvenience,  unless  its 
situation  is  such  as  to  impede  the  motion  of  the 
tendons.  In  this  case,  it  is  often  accompanied  by 
that  sudden  dropping  which  I  have  already 
described  as  a  "misgiving"  of  the  leg,  and  the 
horse  falls  very  abruptly;  perhaps  in  the  middle 
of  his  speed. 

I  lately  had  a  horse  which  I  had  driven  for 
about  two  years ;  I  frequently  rode  him,  and  with 
confidence :  he  never  stumbled,  or  made  even  a 
doubtful  step.     I  lent  him  to  a  friend,  whose  servant 


100     THE  ADVENTURES  OF  A  GENTLEMAN 

one  day  fell  with  him.  He  injured  his  knees 
very  seriously,  but  in  a  few  weeks  recovered  his 
usual  action,  having  been  well  cured  by  Mr.  Woodin. 
After  this,  I  drove  him  for  several  months,  and 
considered  him  sound ;  but  for  reasons  best  known 
to  himself,  he  twice  broke  down,  even  in  harness, 
as  suddenly  as  if  he  had  been  shot :  of  course  I 
parted  with  him.  I  never  could  discover  any  other 
defect  in  this  horse  than  a  large  ''  double  splent," 
as  it  is  called,  in  his  off  fore  leg.  He  was  sold  at 
Tattersall's,  without  a  warranty,  to  a  dealer.  I 
inquired  about  him  two  months  after  the  sale,  but  I 
did  not  learn  that  he  had  ever  been  down  again. 

There  is  not  a  dealer  in  London  who  will  not  tell 
you  that  splents  are  of  no  consequence ;  and  if 
by  this  they  mean,  as  I  believe  they  generally  do, 
that  those  little  tubercles  or  excrescences  on  the 
bone  which  usually  go  by  the  general  name  of 
splents,  are  immaterial,  perhaps  they  are  right ;  but 
nevertheless,  I  should  always  regard  their  appear- 
ance as  a  serious  blemish,  if  I  found  them  near  the 
knee-joint,  or  seated  in  the  posterior  part  of  the  leg, 
or  wherever  situated,  if  so  large  as  to  be  prominent, 
and  distinctly  visible  to   the  eye.     As  regards  the 


IN  SEARCH  OF  A   HORSE.  101 

pleasantness  of  a  horse,  it  is  just  as  disagreeable  to 
ride  one  that  you  think  will  fall,  as  one  that  is  al- 
ready a  professed  stumbler ;  and  you  never  can  feel 
perfectly  secure  with  a  splent  under  you,  wherever  it 
may  appear.  It  certainly,  however,  would  not  be 
deemed  unsoundness,  if  the  animal  was  not  actually 
lame.  Dealers  will  tell  you,  ay,  and  swear  to  it 
stoutly,  that  they  frequently  disappear,  after  a  year 
or  two,  or  even  a  few  months.  That  casual  swellings, 
and  perhaps  of  a  callous  nature,  may  do  so,  I  will  not 
deny ;  but,  if  I  am  right  in  assuming  the  real  splent 
to  be  an  unnatural  ossification  of  the  membrane  that 
covers  the  bone,  or  of  the  surrounding  integuments, 
I  believe  that  it  will  never  disappear,  and,  on  the 
contrary,  has  a  constant  tendency  to  increase.  I 
must  in  candor,  however,  admit  a  fact  that  rather 
militates  against  my  position,  that  splents  are  not 
commonly  found  in  old  horses.  In  the  case  which  I 
have  just  mentioned,  my  horse  certainly  was  eight 
years  old  when  I  sold  him ;  but  I  have  observed 
them  in  at  least  four  or  five  horses  of  the  age  of 
five  and  six,  for  one  that  was  aged.  This  very 
season  I  inspected  a  lot  of  five-year  olds  just  arrived 
from   the   country, — all   high-priced   horses  :    there 


102     THE  ADVENTURES  OF  A  GENTLEMAN 

was   only  one  out  of  five   that   did  not  show  a  de- 
cided splent. 

The  next  point  to  which  I  would  direct  a  pur- 
chaser's attention  is  "cutting."  This  means  an 
abrasion  of  the  skin  on  one  leg,  by  the  striking  or 
brushing  of  the  other.  Even  behind,  this  is  no 
trifling  matter;  but  if  it  occurs  in  the  fore  legs, 
it  is  fatal  to  a  horse's  character,  unless  the  wound  is 
obviously  recent,  and  can  at  once  be  explained  by  an 
apparent  defect  in  the  shoeing.  Sometimes,  but  not 
often,  it  only  proceeds  from  faulty  action  ;  but  it 
usually  argues  a  far  more  serious  defect.  The  cause 
of  it  is  a  debility  in  the  leg,  arising  either  from  old 
injury,  or  recent  disease :  an  attentive  examiner  will 
generally  find  a  blemished  knee  the  accompaniment 
of  a  wounded  ancle.  There  are  certainly  many  cases 
in  which  a  young  horse,  recently  brought  up  from  a 
great  distance  in  the  country,  and  whose  action  is 
green  and  untutored,  will  be  found  to  have  cut  him- 
self severely,  without  any  visible  afi'ection  of  the  limb. 
In  such  cases,  when  brought  into  regular  training,  the 
habit  is  cured,  and  perhaps  never  recurs ;  but  though 
this  explanation  is  always  at  hand  with  the  dealer,  it 
is  never  to  be  received  for  gospel,  especially  where 


IN   SEARCH  OF  A  HORSE.  103 

•the  cicatrix  appears  of  long  standing.  I  was  mount- 
ed about  a  year  ago  on  the  handsomest  cob  in  Lon- 
don :  I  think  I  never  saw  a  horse  of  finer  frame,  and 
very  few  of  better  action.  I  bought  him  of  Mr.  Os- 
born,  and  of  course,  for  a  price  proportioned  to  his 
apparent  merit.  I  rode  him  for  a  week  with  perfect 
satisfaction  :  indeed  such  was  the  admiration  that  he 
excited,  that  I  was  repeatedly  asked  by  strangers 
about  his  pedigree  and  character.  After  the  lapse 
of  six  days,  my  groom  informed  me  that  he  had  cut 
himself,  I  was  incredulous  :  it  proved  to  be  a  mere 
scratch,  and  I  attributed  it  to  accident ;  the  follow- 
ing day  the  blemish  became  more  visible,  and  I  rode 
him  back  to  Osborn's,  to  inquire  whether  it  had  been 
habitual.  Banks  (the  head  groom)  assured  me  that 
it  never  occurred  before,  and  could  only  be  ascribed 
to  the  sudden  change  in  the  horse's  habits,  from 
idleness  to  regular  work.  Being  an  old  customer  at 
the  stables,  I  had  not  the  least  distrust  of  these  assu- 
rances, and  continued  riding  him :  for  two  days  he 
never  touched  himself,  but  after  that  time  the  injury 
was  becoming  serious,  and  I  called  in  the  opinion  of 
Mr.  Sewell.  He  at  once  pronounced  him  lame  from 
spavin.    My  reader  must  perceive  that  I  am  not  quite 


104     THE  ADVENTURES  OF  A  GENTLEMAN 

destitute  of  experience ;  yet  I  had  never  detect- 
ed either  the  lameness  or  the  disease  ;  the  cutting  was 
the  only  obvious  symptom  either  to  an  unskilful  eye, 
though  it  must  be  owned,  one  sufficiently  decisive. 

It  is  only  due  to  Osborn  to  say  that  he  received 
him  back  again  with  very  little  hesitation  ;  notwith- 
standing one  of  his  subordinate  agents  blustered 
loudly  about  it,  and  "if  it  were  his  horse,  he  would 
not  take  him  back  at  any  price,  after  being  so 
knocked  about ! !  !  "  the  only  "  knocking  about"  be- 
ing that  of  his  own  limbs.  From  Osborn  I  have 
always  received  civility  and  attention,  nor  has  he 
ever  "taken  me  in;"  but  I  never  trust  any  com- 
mission dealer,  farther  than  my  own  eyes  warrant 
the  confidence.  I  may  observe,  en  passant^  that 
whenever  a  horse  is  returned  on  a  dealer's  hands  for 
unsoundness,  unless  the  seller  is  one  of  that  respect- 
able class  which  I  have  before  described,  this  is  the 
ordinary  salute,  although  the  animal  may  have  been 
nursed  like  my  lady's  lap-dog,  and  prove  as  unsound 
as  a  walnut  in  January.  If  you  are  sure  that 
you  are  right,  and  that  the  man  is  solvent,  your 
best,  and  indeed  your  only  retort,  is  a  letter  from 
your  attorney. 


IN  SEARCH  OF  A  HORSE.  105 

Where  "  cutting,"  or  "  interference,"  as  it  is 
more  scientifically  called,  proceeds  from  faulty  ac- 
tion, farriers  will  often  attempt  to  cure  it  by  an 
alteration  in  the  shoe.  For  a  time  the  cure  appears 
perfect,  but  I  have  always  found  in  such  cases,  that 
after  a  few  days,  a  wound  appears  in  another  place, 
an  inch  higher  or  lower  perhaps,  in  the  leg.  I  have 
no  faith  in  any  remedy  of  the  kind ;  a  boot  or  a  pad, 
fastened  round  the  hoof  that  interferes,  is  the  only 
effectual  precaution.  I  have  heard  of  another  plan 
being  successfully  adopted,  namely  cutting  off  the 
interior  extremity  of  the  shoe  ;  but  although  in  dry 
weather  this  may  succeed,  it  will  occasion  a  yet  more 
serious  evil  when  the  roads  become  wet.  The  heel 
that  is  left  unprotected  by  the  iron  will  be  worn 
away,  and  lameness  will  certainly  ensue. 

Authors,  like  horses,  are  sometimes  apt  to  gallop 
over  their  ground  too  fast.  I  have  omitted  in  my 
remarks  on  the  diseases  of  the  foot,  to  notice  a  symp- 
tom of  frequent  occurrence  and  easy  detection.  If 
the  feet  appear  to  the  hand  unusually  warm,  distrust 
should  be  awakened ;  more  especially  if  there  is  a 
marked  difference  between  their  temperature.  The 
hoof  ought  to  be  perfectly  cool :  after  hard  riding  on 
10 


106     THE  ADVENTURES  OF  A  GENTLEMAN 

a  beaten  road,  or  over  stones,  particularly  in  dry 
weather,  a  little  warmth  will  generally  be  percepti- 
ble ;  but  this  should  subside  after  two  or  three  hours' 
rest  in  the  stall.  A  simple  way  of  assuring  oneself 
of  the  accuracy  of  the  observation,  is  by  directing 
the  groom  to  wash  the  hoofs  thoroughly,  and  no- 
ticing whether  one  of  them  dries  more  rapidly  than 
the  other.  The  feverish  foot  will  always  become 
dry  first,  and  recover  its  natural  warmth  in  a  few 
minutes ;  while  the  sound  foot  will  remain  cool. 
Should  a  disposition  to  rest  the  heated  foot  be  also 
noticed,  the  horse  may  safely  be  set  down  as 
unsound. 

I  rejected  a  horse  for  this  reason  a  very  few  weeks 
after  writing  the  preceding  remarks.  The  owner, 
who  is  a  friend,  as  well  as  client  of  mine,  and  a  gen- 
tleman of  great  practical  skill  in  stock,  had  offered 
the  horse  on  my  own  terms  merely  to  oblige  me,  as 
I  had  been  in  treaty  for  him  before  he  purchased 
him.  He  was  surprised  at  my  rejecting  him,  and 
still  more  at  the  objection  I  made  ;  but  having  no 
wish  to  sell  the  horse,  he  was  rather  pleased  than 
otherwise  to  take  him  back.  It  is  now  nine  months 
ago,  and  chronic  lameness  has  shown  itself  for  the 


IN  SEAKCH  OF  A   HORSE. 


lOT 


last  fifteen  weeks  in  the  foot  that  I  suspected.  He  is 
now  fit  for  nothing  but  the  leader  of  a  stage.  There 
was  no  other  symptom  of  disease  when  I  first  ex- 
amined him,  than  an  unnatural  heat  about  the  hoof; 
this  exhibited  itself  in  the  morning,  after  riding  him 
for  about  three  miles,  but  I  found  that  the  warmth 
had  abated  in  the  course  of  an  hour,  so  as  to  leave 
the  matter  rather  equivocal.  In  the  afternoon  I 
rode  him  again  the  same  distance,  but  rather  faster, 
and  then  the  effect  was  decisive;  the  diseased  foot 
retained  its  heat  till  the  following  morning. 


CHAPTER    VL 


"  Broken  knees"  deserve  to  have  a  chapter  dedi- 
cated to  their  exclusive  service. 

Every  tyro  that  has  ever  mounted  a  horse  in  his 
life,  flatters  himself  that  at  least  he  can  detect  a 
"broken  knee;"  and  if  a  square  inch  of  hair  is 
removed,  disclosing  a  wound  of  an  inch  diameter, 
perhaps  he  may ;  but  should  my  pages  be  honored 
by  the  notice  of  a  reader  of  this  description,  he  will 
probably  be  astonished  when  I  tell  him,  that  the 
actual  injury  may  be  ten  times  more  extensive,  when 
the  apparent  blemish  is  almost  imperceptible.  A 
wounded  knee,  as  such,  is  only  a  blemish,  and,  ab- 
stractedly, of  no  more  consequence  than  any  casual 
disfigurement  of  the  head  or  flank ;  but  it  is  always 
an  indication  of  existing  or  recent  unsoundness :  at 
least  it  should,  in  prudence,  be  always  so  regarded, 
unless  it  happens  to  be  within  the  purchaser's  personal 


THE  ADVENTURES  OF  A  GENTLEMAN,  ETC.   109 

knowledge,  that  the  fall  was  occasioned  by  accident, 
independent  of  disease.  The  slightest  mark  there- 
fore, upon  the  knee,  should  suggest  a  very  narrow 
scrutiny  in  the  legs,  feet,  action,  and  every  point 
about  a  horse.  Even  where  no  possible  trace  of 
local  disease  can  be  found,  a  purchaser  should  not 
rest  satisfied,  but  follow  up  his  inquiry  into  the 
horse's  constitution.  The  staggers,  the  megrims,  and 
many  similar  stomach  complaints,  may  have  occa- 
sioned the  fall  of  a  horse,  and  consequently  the 
blemish  on  his  knee,  while  his  legs  remain  as  free 
from  defect  as  a  foal's.  In  short,  I  would  never  buy 
a  horse  with  blemished  knees,  however  slight  the  in- 
jury might  appear,  unless  his  history  for  the  last  six 
months  had  been  familiar  to  me  from  personal  know- 
ledge. A  horse  will  never  fall  if  he  can  help  it,  and 
nine  times  out  of  ten  is  as  much  frightened  by  the  ac- 
cident as  his  rider. 

Where,  from  peculiar  circumstances  such  as  I 
have  mentioned,  a  man  is  not  deterred  from  pur- 
chasing, he  should  carefully  observe  whether  the 
injured  knee  is  enlarged ;  if  he  finds  this  to  be  the 
-case,  it  is  to  be  inferred  that  there  is  considerable 
local  injury ;  he  should  also  notice  with  more  than 
10* 


110     THE  ADVENTURES  OF  A  GENTLEMAN 

usual  attention  whether  the  action  of  the  horse  is 
restrained  or  imperfect.  It  may  be  fairly  assumed 
that  all  decided  injury  to  the  knee-joint  is  incu- 
rable: the  horse  may  be  restored  to  moderate 
work,  especially  in  harness ;  but  for  the  saddle  he 
is  totally  incapacitated. 

It  follows  that  it  is  of  the  last  importance  to 
detect  the  slightest  trace  of  injury  to  the  knee-joint ; 
nor  is  this  difl&cult.  The  first  and  obvious  inquiry 
will  be,  whether  both  knees  correspond  in  shape: 
the  eye  alone  can  help  us  here,  for  the  form  of  the 
joint  does  not  admit  of  very  correct  measurement, 
and  even  if  it  did,  the  test  would  be  uncertain. 
Very  few  men  will  find  both  their  wrists  of  exactly 
the  same  dimensions ;  if  there  is  no  visible  difi"er- 
ence  in  shape,  it  should  be  noticed  whether  the 
hair  is  uniformly  smooth  and  glossy.  Where  no 
injury  has  been  sustained,  there  is  an  even,  shining 
surface  over  the  whole  front  of  the  knee;  where 
there  has  been  a  blemish,  there  is  generally  an 
interruption  of  the  gloss,  as  if,  at  a  particular  spot, 
the  hair  had  become  inverted,  or  grew  in  an  oblique 
direction.  Should  this  be  observed,  the  foot  should 
be  taken   up   so   as   to   bend   the  joint,  when  the 


IN  SEARCH  OF  A  HORSE.  Ill 

break  in  the  hair  will  become  more  apparent :  by 
slightly  parting  the  hair  with  the  finger,  (an 
operation,  by  the  way,  to  which  all  dealers  and 
ostlers  have  a  supreme  aversion,)  a  scar  may  be 
easily  detected,  if  any  exists.  A  practiced  eye 
will  perceive  a  blemish  without  half  of  these 
minute  precautions ;  but  as  I  am  writing  for  the 
benefit  of  the  inexperienced,  I  would  not  advise 
the  omission  of  one  of  them,  whenever  a  doubt  is 
entertained. 

It  would  not  be  inexpedient  to  look  for  a  scar 
on  the  head,  and  above  the  eye ;  for  a  decided  fall 
often  leaves  very  unequivocal  symptoms  there. 
During  the  whole'  process,  the  purchaser  must  stop 
hi^ears  with  cotton. 

Lameness  of  the  shoulder  is  by  no  means  so 
frequent  as  is  commonly  supposed.  Every  ignorant 
smith,  who  finds  a  horse  lame,  and  cannot  discover 
any  very  obvious  cause,  such  as  those  I  have 
been  describing,  attributes  it,  as  a  matter  of 
course,  to  the  shoulder.  I  believe  that  nineteen 
times  out  of  twenty,  the  foot  will  be  found  to  be 
in  fault ;  there  are  many  cases  in  which  disease 
undoubtedly  exists  in  the  feet,  where  no   outward 


112     THE  ADVENTURES  OF  A  GENTLEMAN 

indication  of  it  is  shown.  A  deep-seated  bruise 
will  often  be  followed  by  a  secretion  of  matter 
under  the  horny  sole,  without  any  visible  enlarge- 
ment or  depression  of  the  cavity  of  the  hoof; 
sometimes  (though  rarely)  the  injury  is  detected 
by  the  appearance  of  matter  exuding  from  fissures 
in  the  coronet ;  but  where  external  symptoms  like 
these  are  wanting,  the  inexperienced  farrier  assumes 
that  the  shoulder  is  strained,  or  otherwise  injured, 
and  turning  his  attention  there,  leaves  the  part 
actually  diseased  to  its  chance.  I  have  so  fre- 
quently been  told  by  men  that  their  horses  are 
lame  in  the  shoulder,  and  it  so  often  occurs  that 
under  this  conviction  they  part  with  them  as  in  a 
case  admitting  of  no  cure,  that  it  is  important  to 
caution  people  against  being  too  easily  led  into  this 
mischievous  error.  If  there  is  a  suspicion  that  the 
seat  of  the  disease  is  the  shoulder,  the  horse  should 
be  tried  in  various  ways,  to  ascertain  if  difference 
of  ground  or  pace  will  diminish  or  increase  the 
lameness.  "Where  the  shoulder  is  injured,  the 
horse  will  be  equally  lame  on  turf,  straw,  or  the 
road ;  he  will  not  easily  be  stimulated  to  a  trot  or 
a  canter,  and  if  he  is,  the  limp  in  the  action  will 


IN  SEARCH  OF  A  HORSE.  113 

become  yet  more  apparent:  the  reverse  is  usually 
the  case  when  the  feet  or  legs  are  in  fault.  He 
will  lie  down  and  rise  with  great  difficulty.  In  all 
these  cases,  of  course,  much  depends  on  the  degree 
of  injury ;  but  however  trifling,  it  is  likely  to  show 
itself  more  in  proportion  as  speed  is  increased  or 
continued;  and  in  this  respect  it  differs  essentially 
from  slight  injury  in  other  parts  of  the  leg.  It  is 
well  known  that  this  is  often  concealed  from  the 
eye,  by  urging  the  animal  to  his  full  pace ;  hence 
the  reluctance  to  lay  aside  the  whip,  when  the 
dealer  is  showing  his  horse. 

It  so  rarely  occurs  that  the  lameness  of  a  shoulder 
can  ever  be  concealed  from  the  notice  even  of  the 
most  superficial  observer,  that  it  is  unnecessary  to 
put  him  on  his  guard  against  imposition  here. 
Where  it  does  exist  only  in  a  slight  degree,  and 
arises  from  ohQ&t-founder,  it  contracts  the  motion 
of  both  legs  equally,  and  gives  the  horse  more  of  a 
wooden  hobbling  than  a  limping  or  halting  action. 
A  man  may  be  led  by  this  to  consider  that  which 
is  really  lameness,  to  be  only  defective  action :  if 
he  only  views  it  in  this  light,  it  is  quite  a  sufficient 
reason  for   rejecting   the   horse   altogether:    at   all 


114     THE  ADVENTURES  OF  A  GENTLEMAN 

events,  he  will  err  on  the  safe  side.  I  have  seen  a 
horse  affected  in  this  way  at  starting,  by  rheumatism, 
and,  after  a  little  exercise,  the  pain  has  subsided, 
and  the  lameness  has  disappeared  altogether ;  but 
though  a  slight  rheumatic  affection,  either  of  the 
leg  or  shoulder,  is  not  an  affair  of  much  conse- 
quence, a  prudent  man  will  never  buy  a  horse 
upon  such  an  explanation  of  lameness  at  starting. 
The  disease  of  chest-founder  has  been  considered 
by  some  writers  to  be  nothing  more  than  rheuma- 
tism. A  very  intelligent  friend  of  mine,  well 
versed  in  sporting  matters,  has  explained  it  to  me  as 
arising  from  a  languor  and  debility  of  the  pectoral 
muscles,  consequent  upon  the  inactivity  that  lame- 
ness or  other  accident  occasions:  and  in  proof  of 
this,  he  says  that  he  has  always  noticed  it  accom- 
panied by  disease  of  the  feet  or  legs ;  if  it  were 
alwsijs  preceded  by  such  local  affections,  his  reasoning 
would  be  plausible.  It  is  acknowledged,  however,  to 
be  a  complaint  of  an  unusual  character,  and  I  do  not 
pretend  to  offer  any  pathological  explanation  of  it. 

One  of  the  most  difficult  lessons  for  a  beginner 
is  to  detect  a  slight  affection  of  the  wind :  indeed, 
I  doubt  if  any  verbal  explanation  can  much  assist 


IN  SEARCH  OF  A  HORSE.  115 

him  in  his  judgment.  I  have  ridden  many  a  broken- 
winded  horse  for  weeks,  and  even  months,  before 
I  discovered  it.  In  slight  cases,  it  is  not  of  much 
consequence ;  but  in  this,  as  in  almost  every  disease, 
pathology  tells  us  that  unhealthy  action  is  pro- 
gressive. What  is  only  a  "  thick  breathing"  to-day, 
may  a  month  or  two  hence,  settle  into  a  chronic 
asthmatic  affection ;  and,  more  especially,  if  in  the 
interim  the  work  has  been  rapid  and  severe.  It 
is,  therefore,  however  slight,  an  unsoundness  to  be 
avoided.  I  conclude  that  every  body  now  knows 
the  seat  of  the  disease  to  be  the  lungs,  though 
even  that  was  for  a  long  time  a  vexata  qusestio ; 
the  cause  of  it  is  supposed  to  be  injudicious  and 
immoderate  feeding.  The  intestines  are  distended 
unnaturally,  till  the  stomach  presses  on  the  dia- 
phragm, and  this  makes  a  full  respiration  painful ; 
the  mucous  secretion  of  the  larynx,  or  windpipe, 
and  lungs,  is  increased,  and  tlie  throat  is  filled  with 
phlegm:  a  cough  is  requisite  to  discharge  it,  and 
that  cough  becomes  habitual.  This  little  explanation 
which  I  offer,  (not  as  scientific,  but  as  substantially 
correct,)  will  assist  us  to  a  diagnosis  by  which  the 
complaint  may  be  detected. 


116     THE  ADVENTURES  OF  A  GENTLEMAN 

Where  in  rapid  action  a  horse  pants,  and  his  sides 
heave  up  quickly,  "blowing  like  a  bellows,"  as  the 
jockeys  term  it,  we  may  be  sure  that  the  wind  is 
seriously  affected ;  if,  besides  this,  he  has  a  constant 
hacking  cough,  we  shall  not  be  far  out  in  saying  that 
he  is  decidedly  broken-winded. 

It  is  not  easy  to  put  a  horse  to  his  gallop  in  the 
confined  ride  of  a  stable-yard;  nor,  if  you  are  so 
fortunate  as  to  find  a  dealer  that  will  trust  you  out 
of  sight,  is  it  desirable  to  endanger  the  limbs  of  pas- 
sengers :  you  may  "  do  what  you  please  with  your 
own."  We  must  therefore  resort  to  some  more  sim- 
ple, or  at  least  more  practicable  mode  of  getting  at 
the  truth. 

The  common  course  is  to  pinch  the  horse,  by  press- 
ing the  wind-pipe  closely  with  the  finger  and  thumb, 
in  the  hollow  of  the  throat,  at  the  top  of  the  neck  : 
this  brings  on  that  husky  cough  which  marks  the 
disease.  Many  horses,  perhaps  most,  will  cough, 
and  that  violently,  if  the  pressure  is  severe,  but 
there  is  an  essential  difference  between  the  loud  and 
spasmodic  cough  which  the  healthy  horse  will  utter, 
and  the  hacking  tone  of  chronic  asthma.  Until  a 
man  has  learned  to  distinguish  between  the  two,  he 


IN  SEARCH  OP  A   HORSE.  117 

might  as  well  pinch  his  own  throat  as  the  horse's ; 
and  as  this  distinction  can  only  be  acquired  by  prac- 
tice, it  is,  as  I  have  observed,  very  difficult  for  a 
beginner  to  satisfy  himself  on  this  point.  It  may, 
however,  be  inferred  by  the  most  unskilful,  that  if 
the  horse,  seeming  otherwise  quiet,  flinches  from 
the  approach  of  the  hand,  it  is  because  he  has  fre- 
quently been  tried,  and  therefore  perhaps  frequently 
excited  the  suspicions  of  better-informed  customers. 

Very  analogous  to  this  disorder  is  the  enviable 
faculty  called  '^roaring,"  which,  if  I  remember 
right,  that  celebrated  equestrian  Geoffrey  Gambado 
recommends  as  an  inestimable  quality  in  your  horse, 
because  it  saves  your  voice,  to  summon  the  toll- 
collector  to  his  gate:  nevertheless  these  "roarers" 
are  usually  silent  in  a  dealer's  stable.  I  believe  that 
the  seat  of  the  disease  is  the  throat,  or  more  correct- 
ly speaking,  the  wind-pipe.  It  is  considered  incura- 
ble. It  is  not  elicited  by  any  moderate  exertion, 
and  consequently  the  horse  must  be  galloped  to 
insure  detection.  Where  for  the  reasons  before 
stated,  this  test  car  not  be  resorted  to,  it  is  usual  to 
strike  the  horse  very  suddenly,  and  even  severely, 
under  the  flank:  this  excites  the  "roar."  I  cannot 
11 


118     THE  ADVENTURES  OF  A  GENTLEMAN 

advise  the  beginner  to  try  the  experiment :  he  would 
act  more  prudently,  in  most  cases,  were  he  to  put  up 
with   an  unsound  purchase.     I   have  seen  the  joke 
retorted  in  no  very  courteous  way,  and  the  striker 
has  proved  to  be  the  loudest  "roarer"  of  the  two. — I 
once  saw  a  veteran  dealer  receive  a  kick  that  cured 
him,  at  least  for  that  day,  of  all  practical  experi- 
ments   upon    "roaring"   horses.     There    is    another 
means  by  which  the  symptoms  of  either  a  roarer  or 
a   broken-winded   horse    may  be   made   to    develop 
themselves  in  a  more  decided  manner — allowing  the 
animal  to  drink  to  repletion :  this  immediately  ag- 
gravates every  symptom    to   such   an   extent   as   to 
leave  little  room  for  doubt  as  to  the  existence  of  the 
disease :  but  it  being  impracticable  to  avail  oneself 
of  this  test  in  the  dealer's  stables,  before  the  pur- 
chase is  made,  I  only  mention  it  as  a  convenient 
method    of  satisfying   the  judgment,    if,    after   the 
horse    is    brought    home,   his    soundness   appears   so 
equivocal  as  to  make  it  expedient  to  enforce  the  war- 
ranty.    A   purchaser    who   has   the    opportunity  of 
trotting  the  horse  at  a  sharp  pace,  for  three  or  four 
miles,  will  observe  a  heaving  of  the  flanks,  when  the 
wind  is  affected  even  but  slightly,  for  two  or  three 


IN  SEARCH  OF  A  HORSE.  119 

hours  after.  People  are  too  apt  to  be  satisfied  if, 
during  such  a  ride  as  this,  no  unsoundness  is  visibly 
displayed.  Even  where  no  cause  of  suspicion  arises, 
it  would  be  prudent  to  return  to  the  stables  and  view 
the  horse  a  second  time  after  three  hours'  rest. 

It  is  obvious  that  most  of  the  remarks  which  I 
have  offered  on  unsoundness  in  the  fore  legs,  will 
apply  to  the  hind  legs ;  but  it  must  be  observed 
that  similar  diseases,  either  in  the  legs  or  feet  be- 
hind, are  of  far  less  consequence.  My  friend  Gam- 
bado, whom  I  have  already  quoted,  gives  a  hint  on 
this  subject,  which  has  more  of  truth  in  it  than  its 
absurdity  of  enunciation  would  lead  us  to  suspect. 
He  considers  it  a  work  of  supererogation  to  examine 
the  hinder  parts  of  a  horse,  because,  "if  the  fore 
legs  go,  the  hind  must  follow !"  In  the  language  of 
the  school  this  is  decidedly  a  non-sequitur ;  and  yet, 
from  the  very  attitude  and  structure  of  the  horse,  it 
is  undoubtedly  true  that  in  motion  the  fore  legs  have 
to  endure  the  greatest  exertion,  at  the  same  time 
that  their  free  action  is  almost  impeded  by  the 
weight  and  position  of  the  rider.  This  is  clearly 
proved  by  a  circumstance  well  known  to  every  ex- 
perienced rider.     Many  horses  that  will  stumble  at 


120     THE  ADVENTURES  OF  A  GENTLEMAN 

every  step  when  the  saddle  is  thrown  on  as  with  a 
pitchfork,  will  carry  safely  if  it  is  removed  a  few 
inches  back,  and,  if  the  form  of  the  horse  will  not 
allow  of  its  remaining  long  in  its  proper  position, 
retaining  it  there  by  the  aid  of  a  crupper.  It  is 
also  well  understood  that  a  good  rise  of  the  shoulder 
is  a  strong  recommendation  of  a  horse  for  the  sad- 
dle ;  and  the  reason  is  similar, — it  prevents  the 
saddle  working  forward  so  far  as  to  interfere  with 
the  free  play  of  the  shoulder-blade,  and  it  secures 
the  weight  of  the  rider  at  a  proper  point  in  the  cen- 
tre of  the  body.  The  crupper  is  now  superseded  by 
the  patent  saddle-cloth ;  or  what  is  better,  because 
cooler,  by  simply  lining  the  saddle  with  plush. 

But  though  the  perfect  soundness  of  the  hinder 
extremities  is  less  material,  it  by  no  means  follows 
that  all  attention  to  them  is  superfluous.  A  horse' 
may  not  fall  because  he  is  spavined,  or  cuts  himself 
behind,  but  he  will  not  work ;  and  if  he  does,  it  will 
be  ungracefully  for  the  rider,  and  painfully  to  him- 
self. 

The  bone  spavin,  as  it  is  called,  is  a  very  serious 
complaint,  ar^d,  unless  it  receives  early  attention,  not 
very  easily  cured.     It  proceeds  from  a  deficiency  of 


IN  SEARCH  OF  A   HORSE.  121 

that  synovial  secretion  which  lubricates  the  joint ; 
hence  the  joint  becomes  inflamed,  and,  as  is  common- 
ly the  case  in  inflammatory  disorders  of  the  bones,  a 
deposit  of  ossified  matter  is  formed,  and  an  anchy- 
losis, or  permanent  rigidity  of  the  joint  ensues. 
The  same  gentleman  to  whom  I  have  referred  at 
page  114,  has  expressed  to  me  his  dissent  from  this 
explanation.  I  have  such  a  high  opinion  of  his 
practical  knowledge,  as  a  veteran  sportsman,  that  I 
think  myself  bound  in  candor  to  mention  this ;  but 
till  I  receive  some  more  scientific  explanation,  I  feel 
compelled  to  adhere  to  my  own.  If,  in  the  inflam- 
matory stage,  the  usual  antiphlogistic  remedies  are 
administered,  the  disease  may  be  checked;  but  till 
the  spavin  is  actually  produced,  and  its  presence 
detected  by  outward  symptoms,  the  horse  is  rarely 
put  under  veterinary  care,  for  the  very  reason  I 
have  given — that  so  few  people  attach  importance  to 
casual  lameness  behind. 

My  business,  however,  is  not  to  write  a  treatise 
on  farriery,  but  to  caution  purchasers ;  and  I  must 
return  to  it.  The  presence  of  a  spavin  is  detected 
at  once  in  its  advanced  state  by  the  stiff*ness  of  the 
joint,  and  the  lameness  of  the  horse,  especially  at 
11* 


122     THE  ADVENTURES  OF  A  GENTLEMAN 

starting ;  of  course,  therefore,  a  customer  is  never 
introduced  to  a  decided  spavin ;  but  even  in  its  inci- 
pient state,  it  may  be  discovered  by  the  enlargement 
of  the  joint.  If  the  purchaser  places  himself  behind 
the  horse,  (and  in  examining  the  horse  behind,  he 
should  always  direct  the  helper  to  pick  up  the  fore- 
foot,) he  will  perceive  that  the  bone  of  the  diseased 
hock  does  not  incline  gradually  towards  the  lower 
part  of  the  limb,  (as  will  be  the  case  in  the  other 
leg,  if  that  is  sound,)  but  projects  abruptly.  The 
unpractised  eye  does  not  readily  observe  this :  but 
by  drawing  the  hand  down  the  inside  of  both  hocks, 
the  abrupt  projection  will  be  felt.  If  there  is  any 
tenderness  on  pressure,  though  this  is  not  always 
the  case,  the  existence  of  disease  may  be  yet  more 
certainly  predicated ;  and  it  is  always  a  circumstance 
to  excite  suspicion,  even  when  no  external  enlarge- 
ment can  be  seen  or  felt,  if  there  is  the  appearance 
of  recent  cutting  on  the  inside  of  the  fetlock  joints, 
or  a  dragging  of  the  hind  leg  at  the  beginning  of  the 
trot,  or  a  projecting  ''  staring"  appearance  of  the 
hair  at  the  part  which  is  usually  affected  by  spavin. 

Another  disease  that  is  also  called  a  spavin,  but 
distinguished  by  the   name  of  bog-spavin,  is  in  its 


IN  SEARCH  OP  A  HORSE.  123 

origin  the  reverse  of  the  last.  It  arises  from  too 
great  an  accumulation  of  synovial  fluid,  and  cor- 
responds in  character  with  the  complaint  already 
described  under  the  term  of  wind-galls ;  it  proceeds 
from  over-exertion.  It  does  not  necessarily  produce 
lameness,  but  it  unfits  a  horse  for  severe  labor, 
and  is,  of  course,  objectionable.  When  the  swelling 
extends  from  one  side  of  the  leg  to  the  other,  or  through 
the  limb  as  it  were,  it  is  called  "thorough  pin." 

A  curb  (from  the  French  word  courher)  is  a  swell- 
ing from  the  back  part  of  the  hock,  just  below  the 
cap  of  the  joint,  and  arises  from  a  sudden  strain, 
such  as  an  abrupt  halt  in  a  charge  of  cavalry.  In 
the  sound  state,  the  line  of  the  leg  from  the  hock 
to  the  heel  is  almost  perpendicular ;  if  it  inclines 
at  all,  it  is  inwardly.  The  efi'eet  of  a  curb  is  to 
alter  this  inclination  immediately  under  the  hock, 
and  to  give  a  little  elevation  or  outward  curva- 
ture to  the  line :  of  course  it  becomes  visible  on 
looking  at  the  profile  of  the  leg.  Lameness  is 
by  no  means  a  necessary  consequence,  especially  if 
the  disease  is  of  old  standing  :  the  eye,  therefore, 
or  the  touch,  must  be  relied  upon  as  the  only  certain 
guide  to  discover  it. 


124     THE  ADVENTURES  OF  A  GENTLEMAN 

A  capped  hock,  as  it  is  called,  is  a  complaint  that 
should  always  excite  suspicion.  It  is  a  soft,  pulpy 
tumor  at  the  tip  of  the  hock,  and  usually  occasioned 
by  a  blow  or  a  kick  against  the  side  of  the  stall. 
Where  such  a  swelling  is  perceived,  it  should  lead  to 
a  very  close  examination  of  the  whole  joint,  for  it  is 
often  caused  by  a  violent  sprain.  If  it  appears  to  be 
wholly  independent  of  other  injury,  it  can  scarcely 
be  considered  unsoundness,  because  it  will  not  pro- 
duce lameness  :  it  is  more  prudent,  however,  to  infer 
that  it  is  an  indication  of  disease  or  latent  injury  of 
the  joint,  and  consequently  to  reject  the  horse.  As 
a  general  rule,  it  is  more  hazardous  to  buy  where 
these  equivocal  symptoms  appear,  than  when  there 
are  more  decided  marks  of  disease ;  because  the  re- 
medy on  the  warranty  becomes  far  more  doubtful. 

Grease  is  a  discharge  of  matter  from  the  heel, 
most  usually  found  in  the  hind  feet,  but  not  unfre- 
quently  before.  It  is  attended  with  swelling  and 
excoriation  of  the  skin,  and  when  it  has  arrived  at 
any  considerable  extent,  ulcers  are  formed,  very 
difficult  indeed  in  their  cure.  A  purchaser,  however, 
is  not  likely  to  meet  with  a  horse  exhibiting  such 
decided  symptoms :  it  is  only  in  the  incipient  stage 


IN  SEARCH  OF  A  HORSE.  125 

of  the  disease  that  he  is  likely  to  be  taken  in.  To 
ascertain  whether  there  is  any  menace  of  the  com- 
plaint, he  should  notice  in  the  first  instance' whether 
there  is  generally  an  enlarged  and  full  appearance  of  • 
the  legs — not  confined  to  the  back,  sinews,  or  the 
joints,  but  extending  over  the  lower  part  of  the  entire 
limb.  This  appearance  is  called  technically  a  swelled 
leg,  and  is  the  usual  proximate  cause  of  grease. 
Should  there  be  any  indication  of  the  kind,  he  should 
next  examine  the  color  of  the  skin  above  the  heel : 
if  it  is  red  and  scurfy,  and  especially  if  there  are 
many  cracks,  corresponding  with  the  well-known 
complaint  in  the  human  subject  called  a  chapped 
hand,  he  may  safely  conclude  that  there  is  a  ten- 
dency to  grease ;  nor  will  he  be  likely  to  err  if  he 
draws  the  same  inference  from  a  heel  remarkably 
clean,  as  if  it  had  been  recently  well  washed  with 
soap  and  water ;  for  it  is  not  common  to  bestow  such 
anxious  attention  upon  the  cleanliness  of  the  heels, 
unless  to  remove  the  symptoms  of  grease  ;  in  all 
such  cases  frequent  washing  is  considered  a  useful 
precaution. 

String-halt  is  a  complaint  so  common,   that  every 
man  who  has   ever  looked  at   a  horse  must  at  some 


126     THE  ADVENTURES  OF  A  GENTLEMAN 

time  have  noticed  it.  It  is  a  catching-up  of  the 
hind  leg  much  above  the  height  necessary  to  clear 
the  ground,  as  if  the  horse  had  suddenly  trod  upon 
a  bar  of  heated  iron  :  it  is  understood  to  arise  in  a 
diseased  spine,  producing  an  ajQfection  of  the  nerves 
descending  to  the  muscles  of  the  leg,  and  causing 
a  spasmodic  action  of  those  muscles.  If  this  patho- 
logical fact  were  well  established  no  doubt  could 
exist  that  string-halt  is  unsoundness ;  but  it  is 
very  unfortunate  for  society  that  the  veterinary  art 
is  so  little  understood  upon  scientific  principles,  as 
to  render  it  almost  impossible,  in  most  cases,  to 
produce  to  a  jury  any  other  evidence  than  the  loose 
opinions  of  mere  practical  farriers.  Men  of  this 
class  never  regard  a  string-halt  as  unsoundness, 
for  not  one  in  a  hundred  has  the  least  conception 
of  the  seat  of  the  disorder:  a  purchaser  must 
consequently,  be  upon  his  guard  before  he  buys, 
and  not  rely  upon  his  warranty  at  all  to  protect 
him  in  this  case.  The  only  hint  that  I  can  give 
him  is  to  watch  the  action  of  the  horse  as  soon  as 
ever  he  is  shown  ;  for  the  defect  is  most  visible  at 
the  moment  his  acuon  begins,  and  not  unfrequently 
disappears  after  he  has  been  exercised  five  or  ten 
minutes  on  the  ride. 


IN  SEARCH  OF  A  HORSE.  127 

I  will  take  this  opportunity  of  making  a  remark 
applicable  to  most  cases  of  slight  lameness.  The 
frequent  exhibition  of  a  horse  during  the  day,  when 
the  spring  is  just  beginning,  will  make  him  more 
supple  and  pliant  in  his  action  than  when  he  is 
first  led  out  of  the  stable  in  the  morning.  A  pur- 
chaser who  wishes  to  see  a  horse  to  disadvantage, 
ought  therefore  to  visit  the  stables  at  an  early  hour, 
at  least  not  later  than  nine  o'clock  :  he  will  detect 
stiffness  of  the  joints  with  much  more  facility  at 
this  time  of  the  morning  than  when  the  day  is  more 
advanced.  There  are  other  advantages  which  an 
observant  buyer  may  derive  from_such  early  visits : 
sometimes  the  removal  of  night  bandages  may  be 
noticed ;  sometimes,  as  in  a  case  I  have  already 
mentioned,  a  careful  fining  down  of  the  legs,  after 
the  warmth  of  the  night's  rest  has  swelled  them  up 
to  the  dimensions  proper  to  disease.  Nor  is  it  un- 
frequently  the  disease,  that  the  understrappers  about 
a  stable,  especially  if  you  tip  one  of  them  half-a- 
crown  in  a  quiet  way,  will  let  you  privately  into  the 
merits  and  demerits  of  the  whole  stud,  before  they 
appear  in  full  dress  for  the  day  to  the  fashionable 
customer  who  strolls  in  at  three  or  four  o'clock  in  the 


128 


THE  ADVENTURES  OF  A  GENTLEMAN 


afternoon.  I  do  not  commend,  however,  these  un- 
derhand methods  of  gaining  information,  though  I 
know  that  they  are  practised  successfully.  A  gen- 
tleman must  sustain  Ms  character,  even  in  treating 
with  a  dealer  whose  honor  is  questionable. 


CHAPTER  VII. 


I  DOUBT  not  that  by  this  time  my  reader  will 
think  that,  to  purchase  for  himself,  it  is  essential 
he  should  study  the  veterinary  art.  It  is  not 
exactly  so,  though  the  more  he  knows,  the  more 
distrustful  he  will  be  of  his  own  judgment.  The 
precautions  which  I  have  hitherto  suggested  are 
for  the  most  part,  such  as  every  man  with  a  correct 
eye,  aided  by  a  little  common  sense,  will  have  no 
difl&culty  in  adopting ;  but,  in  those  cases  to  which 
I  am  about  to  refer,  I  must  acknowledge  that,  with- 
out some  scientific  skill,  I  doubt  if  any  suggestions 
will  be  of  value.  I  will  offer  a  few,  however,  and 
leave  them  to  their  chance. 

The  eye  of  the  horse  is  susceptible  of  many 
diseases ;  and  almost  any  serious  affection  of  that 
organ,  or  any  violent  injury  to  it,  is  likely  to  occa- 
sion loss  of  sight.  Yet  to  detect  unsoundness  in  the 
eye  is  a  very  difficult  problem. 
12 


130     THE  ADVENTURES  OF  A  GENTLEMAN 

I  must  enter  a  little  into  the  anatomical  descrip- 
tion of  it,  to  make  the  subject  at  all  intelligible; 
though  here  again  the  reader  would  act  more  wisely 
to  apply  to  an  intelligent  practitioner,  and  ask  him 
to  show  him  an  eye,  and  explain  its  structure. 

The  eye-ball  is  enclosed  in  a  white  membrane 
called  the  tunica  conjunctiva,  which,  after  embracing 
the  globe  of  the  eye,  extends  itself  over  the  interior 
surface  of  both  eye-lids.  The  sclerotic  coat  forms 
the  external  or  horny  membrane  of  the  eye,  begin- 
ning from  the  optic  nerve,  and  terminating  in 
the  margin  of  the  cornea.  The  choroides  is  a 
dark  membrane,  also  beginning  from  the  optic 
nerve,  and  lining  the  interior  surface  of  the  sclerotic 
coat,  till  it  approaches  the  margin  of  the  cornea; 
and  in  its  anterior  portion  it  forms  the  circular 
membrane  called  the  iris.  Here,  as  is  well  known, 
a  circle  is  left;  the  choroides  terminating  at  the 
inner  margin  of  the  iris,  in  plaits  or  folds  called  the 
ciliary  processes,  so  as  to  leave  what  to  the  ignorant 
appears  merely  a  black  spot,  known  as  the  pupil, 
but  which  in  fact  is  rather  a  perforation  allowing 
the  passage  of  the  rays  of  light,  when  refracted  by 
the   crystalline  lens,  to  reach  every  portion  of  the 


IN  SEARCH  OF  A  HORSE.  131 

retina.  This  last-named  membrane  is  an  expansion 
of  the  optic  nerve  over  every  portion  of  the  interior 
surface  of  the  choroides,  till  it  arrives  at  the  edge  of 
the  crystalline  lens. 

The  cornea  is  formed  by  the  first  membrane,  the 
conjunctiva :  it  is  the  transparent  convex  substance 
that  forms,  as  it  were,  the  outward  case  for  the  pupil 
and  iris. 

The  anterior  chamber  of  the  eye,  being  the  cavity 
between  the  cornea  and  the  iris,  and  the  posterior 
chamber,  which  extends  from  the  iris  inwardly  to 
a  reflection  of  the  choroides,  called  the  uvea,  are 
both  occupied  by  a  transparent  fluid  named  the 
aqueous  humor. 

The  crystalline  lens  is  also  a  firm  but  transparent 
humor  of  a  convex  form;  it  is  contained  in  a  very 
delicate  membrane,  called  the  capsula,  and  is  imbed- 
ded in  the  vitreous  humor — a  very  fine  transparent 
fluid,  filling  the  whole  cavity  of  the  globe,  behind 
the  lens. 

Externally,  the  eye-ball  and  the  cornea  are  lubri- 
cated by  the  tears. 

There  is  some  difl*erence  in  the  construction  of 
the  human   eye   and  that  organ  in  the  horse ;    the 


132     THE  ADVENTURES  OF  A  GENTLEMAN 

tears  have  a  variety  in  their  passage  into  the  nostril, 
and  there  are  seven  muscles  that  are  employed  in 
the  motion  of  the  horse's  eye,  whereas  there  are 
only  six  in  a  man ;  but  a  minute  anatomical  exami- 
nation would  be  out  of  place :  the  only  other  point 
to  which  I  intend  to  allude  is  the  action  of  the  iris. 
It  is  well  known  that  the  pupil,  as  it  is  called, 
expands  or  contracts,  as  the  light  is  withdrawn  or 
shed  upon  the  eye.  This  is  occasioned  by  the  expan- 
sion or  contraction  of  the  iris ;  the  former  partially 
closing  up  the  perforation  called  the  pupil,  so  as 
to  allow  less  of  the  dark  interior  surface  of  the 
choroides  to  be  visible  through  the  aperture ;  the 
contraction  of  the  iris,  on  the  other  hand,  dilating 
the  opening,  so  as  to  expose  a  larger  portion  of  the 
choroides.  Some  eminent  anatomists  have  ascer- 
tained that  the  iris  consists  of  muscular  jBbre,  though 
so  delicate  as  almost  to  exceed  the  power  of  concep- 
tion to  those  who  are  not  conversant  with  the 
extraordinary  powers  of  nature ;  exhibited  perhaps 
to  greatest  advantage  in  the  minutest  of  her  works. 

If  this  imperfect  sketch  of  the  construction  of  that 
wonderful  organ,  the  eye,  should  only  have  the  effect 
of  tempting  my  reader  to  a  personal  examination  of 


IN  SEARCH  OF  A  HORSE.  133 

it  for  himself,  he  Vill  not  grudge  the  idle  hour  that 
he  may  have  been  tempted  to  throw  away  on  my 
previous  pages- 

The  pupil  of  the  human  eye  in  the  healthy  state, 
has  always  a  black  appearance,  such  being  the 
color  of  the  human  choroides :  in  animals,  it  varies 
extremely,  and,  on  very  recent  dissection,  has  the 
greatest  variety  of  richest  hues ;  though  it  is 
extremely  difficult  to  obtain  a  subject  so  imme- 
diately after  death  as  to  make  the  observation, 
except  by  waiting  in  the  slaughter-house :  in  the 
human  subject  this  is  obviously  impossible;  but 
probably,  if  the  opportunity  of  examination  could 
be  found,  the  choroid  coat  would  display  a  similar 
richly-colored  carpet  in  man.  I  may  observe  in 
passing,  that  those  who  are  desirous  of  examining 
the  organ  for  themselves,  will  find  the  eye  of  the  pig 
approach  most  nearly  to  the  shape  and  construction 
of  our  own. 

The  choroides  in  the  horse  is  blue  in  its  appear- 
ance, and  it  is  very  important  to  remember  the 
distinction.  I  once  bought  a  horse  for  my  cabriolet, 
through  the  intervention  of  one  of  those  go-betweens 
that  I  have  described :  the  man  had  for  many 
12* 


134     THE  ADVENTURES  OF  A  GENTLEMAN 

years  been  a  Newmarket  jockey,'  and  to  do  him 
justice,  found  me  a  very  serviceable  and  showy 
animal.  It  was  a  large  chestnut  gelding,  nearly 
sixteen  hands  high,  with  excellent  action,  and  the 
price  was  but  twenty-five  pounds :  he  had  a  slight 
blemish  on  one  knee,  but  so  slight  as  not  to  be 
observable  without  close  inspection.  When  he 
showed  me  the  animal,  I  was  at  once  satisfied  that 
there  was  something  wrong,  for  it  was  a  fair  sixty- 
guinea  horse;  and  to  have  deducted  ten  for  so 
slight  a  blemish,  and  in  a  harness  horse,  would 
have  been  liberal.  I  told  him  my  suspicions,  and 
he  answered,  with  a  very  knowing  look,  that  he 
was  blemished  in  both  eyes,  but  would  probably 
retain  his  sight  during  the  season,  and  then  would 
fetch  my  money  for  a  leader  in  the  mail.  I  inspected 
his  eyes,  but  in  vain :  the  little  jockey  tried  again 
and  again  to  make  me  understand  the  cloudy 
aspect  of  them — "  all  like  a  blue  haze.  Sir."  I 
modestly  set  it  down  to  my  own  ignorance,  and 
was  well  satisfied  to  take  my  chance.  The  horse 
had  his  faults,  sure  enough :  but  blindness  was 
never  one  of  them ;  his  heels  were  flat,  tender, 
and    contracted,    and    I    was    eventually    obliged 


IN  SEARCH  OF  A  HORSE.  135 

to  put  him  for  a  time  in  a  farrier's  hands,  when 
I  took  the  opportunity  of  inquiring  if  his  eyes 
were  good ;  they  were  perfectly  so ;  not  the  least 
trace  of  speck  or  cloud.  I  drove  him  for  nearly 
twelve  months,  and  he  never  appeared  to  have  his 
sight  at  all  affected,  or.  any  other  fault  except 
the  tenderness  of  his  heels.  The  jockey  was  right, 
however,  in  his  speculation:  I  re-sold  him  at  a 
profit. 

I  have  omitted  one  essential  difference  between 
the  human  and  the  equine  eye.  The  pupil  in  the 
former  is  circular ;  in  the  latter,  an  oval,  with  the 
sides  depressed,  and  the  upper  ridge  of  the  oval  is 
rendered  uneven  by  small  bodies  dependent  from 
the  iris. 

I  have  been  told  that  there  are  similar  bodies  on 
the  lower  edge  of  the  iris,  but  much  more  minute 
in  size.  I  have  never  observed  them  very  distinctly 
developed,  but  I  by  no  means  deny  their  existence. 

There  is  another  variation  between  the  horse's 
and  the  human  eye,  of  a  very  important  and  pecu- 
liar character :  at  the  inner  angle  of  the  eye,  there 
is  found  a  dark  membrane  that,  apparently  at  the 
pleasure  of  the  animal,  is  shot  rapidly  over  the  eye. 


136     THE  ADVENTURES  OF  A  GENTLEMAN 

like  a  veil :  it  is  instantly  withdrawn,  and  in  its 
rapid  transit,  cleans  the  eye-ball  of  dust  or  foreign 
particles  that  may  have  accidentally  lodged  upon  it. 
This  membrane  is  called  the  haw:  it  is  not  muscular, 
but  its  action  is  curiously  explained ;  it  is  projected 
from  its  place  by  the  compression,  or  rather  depres- 
sion of  the  eye-ball  into  the  socket,  occasioned  by 
the  retractor  muscle.  When  the  eye  is  depressed  by 
the  play  of  this  muscle,  the  elasticity  of  the  fatty 
substance  behind  the  eye-ball  causes  the  haw  to  ex- 
tend itself  from  the  corner  of  the  eye,  over  the  visi- 
ble surface  ;  when  the  retractor  muscle  ceases  to  act, 
the  eye-ball  resumes  its  usual  position,  the  fat  returns 
to  its  place  behind,  and  the  haw  also  returns  to  the 
socket  from  which  it  has  been  momentarily  pushed 
forward. 

I  am  the  more  particular  in  thus  describing  the 
utility  and  action  of  the  haw,  because  such  is  the 
gross  ignorance  of  the  majority  of  country  farriers, 
that  when  this  membrane  has  been  affected  by  a 
temporary  inflammation  of  the  eye,  and  thus  become 
enlarged  and  more  prominent  than  usual,  it  has  been 
regarded  as  a  diseased  excrescence,  and  actually  ex- 
tirpated, to  the  permanent  injury  of  the  horse.     In- 


IN  SEARCH  OF  A  HORSE.  137 

stead  of  endeavoring  to  subdue  the  inflammation  by 
the  ordinary  remedies,  it  has  appeared  the  simplest 
way  to  remove  the  diseased  part ;  and  thus  the  eye, 
though  for  a  time  apparently  restored  to  health,  has 
in  the  end  been  lost  by  the  casual  introduction  of 
impurities,  such  as  dust,  flies,  &c.,  which  there  no 
longer  remains  any  natural  means  of  removing.  It 
will  scarcely  be  credited  by  general  readers,  that  so 
prevalent  is  this  error,  as  to  have  found  a  place  in 
that  learned  work,  the  Encyclopaedia  of  Rees,  where, 
under  the  article  Haw,  this  membrane  is  described 
as  a  diseased  tumor  in  the  eye,  and  instructions  are 
given  for  removing  it ! !  !  This  may  give  a  useful 
hint  not  to  confide  very  readily  in  the  opinions  of 
those  farriers,  whose  station  in  life  justifies  a  suspi- 
cion that  their  knowledge  is  merely  practical,  and 
not  founded  upon  scientific  instruction. 

The  first  point  to  which  I  would  direct  attention 
in  reference  to  the  soundness  of  the  eye,  is  the 
colour  of  the  inner  surface  of  the  eyelids.  I  have 
noticed  that  its  natural  colour  is  white ;  where  it  is 
found  of  a  red  colour,  without  any  apparent  signs  of 
local  injury,  such  as  tenderness  and  swelling,  it  is  a 
symptom  of  inflammatory  disease :  if,  instead  of  red, 


138     THE  ADVENTURES  OF  A  GENTLEMAN 

a  yellow  tinge  predominates,  it  may  be  inferred  that 
the  digestive  organs  are  affected, — every  body  has 
noticed  this  in  a  man  subject  to  the  jaundice — the 
same  rule  applies  to  the  horse. 

If  an  excess  of  tears  should  be  observed,  it  denotes 
a  general  debility  of  the  organ,  and  should  occasion 
a  more  than  usual  scrutiny. 

But  the  principal  object  is  to  ascertain  if  the  sen- 
sibility of  the  eye  is  affected :  this  is  discovered  by 
carefully  noticing  whether  the  pupil  expands  and 
contracts  to  a  perceptible  extent  on  approaching  the 
light.  London  stables  are  usually  dark,  and  when 
the  horse  is  examined  in  the  stable,  the  pupil,  if 
sound,  will  of  course  be  large :  when  he  is  led  out  of 
the  stable,  it  will  contract  so  as  to  exhibit  a  sensible 
difference.  If  there  is  no  essential  difference  be- 
tween the  stable  and  the  yard,  as  is  often  the  case 
when  the  latter  is  roofed  over,  it  will  be  expedient  to 
bring  the  horse  into  the  open  street,  and  then,  by 
closing  the  eye-lids  with  the  hand,  to  observe  whe- 
ther on  withdrawing  it,  the  dilated  pupil  perceptibly 
contracts.  To  make  this  observation  successfully, 
implies  frequent  practice ;  but  this  is  easily  acquired 
by  prevailing  on  some  friend  to  close  his  eye  two  or 


IN  SEARCH  OF  A  HORSE.  139 

three  times,  and  covering  it,  while  closed,  with  the 
hand :  on  rapidly  withdrawing  the  hand,  you  will 
notice  a  contraction  of  the  pupil,  as  soon  as  it  is  ex- 
posed to  the  glare  of  sudden  light.  It  will  material- 
ly assist  the  judgment  to  notice  whether  the  oval 
outline  of  the  pupil  is  perfect ;  if  any  irregularity  or 
unevenness  is  perceived,  (except  as  to  the  upper  line, 
for  the  reason  already  mentioned) — this,  though  no 
proof  that  the  optic  nerve  is  diseased,  is  a  certain 
mark  that  the  organ  has  received  partial  injury ;  and 
it  is  immaterial  to  a  purchaser  from  what  cause  it 
has  proceeded,  if  he  is  satisfied  that  injury  has  been 
received. 

A  decided  cataract  is  readily  detected,  when  the 
nature  of  the  complaint  is  explained :  it  is  an  opacity 
of  the  crystalline  lens.  If  the  pupil  appears  to  be 
occupied  by  any  cloudy  and  whitish  substance,  I  will 
not  say,  speaking  scientifically,  that  it  is  a  certain 
evidence  of  cataract,  but  it  is  presumably  to  be  as- 
cribed to  that  cause,  and  at  all  events  it  is  conclusive 
as  to  there  being  a  defect  of  sight.  If  the  pupil  has 
a  circular,  instead  of  a  flat,  oval  shape,  already  des- 
cribed, this  too,  may  be  considered  as  an  indication 
of  cataract. 


140     THE  ADVENTURES  OF  A  GENTLEMAN 

Specks  upon  the  eye  are  in  one  respect  a  more 
serious,  or  at  least  a  more  annoying  defect  than 
total  blindness.  A  careful  rider  may  by  possibility 
prevent  a  blind  horse  from  charging  a  stage-coach, 
but  the  most  careful  horseman  is  exposed  to  con- 
stant annoyance  by  the  starts  and  checks  of  a  horse 
that  retains  his  sight  only  to  a  partial  degree.  If 
the  speck  is  in  the  front  of  the  eye,  he  shies  at  a 
carriage ;  if  it  is  lateral,  he  jumps  at  a  straw.  To 
detect  a  speck,  the  eye  should  be  viewed,  not  in 
front,  but  from  behind ;  standing  at  the  shoulder 
of  the  horse,  so  as  not  to  be  deceived  by  the  strong 
reflection  of  the  light  on  the  surface  of  the  cornea. 
The  speck  is  usually  the  cicatrix  left  by  a  small 
ulcer,  produced  by  inflammation.  There  is  not  a 
dealer  or  an  ostler  in  England  who  will  not  tell  you 
that  it  is  of  no  consequence ;  it  has  been  caused  by  a 
blow,  a  fly,  and  so  forth :  and  if  it  could  be  clearly 
ascertained  to  be  no  more  than  the  efi'ect  of  such  an 
accident,  I  should  not  attach  much  importance  to  it, 
if  it  were  not  very  large ;  for  I  have  known  such 
specks  gradually  disappear  by  absorption ;  but  it  is 
impossible  to  ascertain  this ;  and  therefore  the  safest 
course  is  to  assume  that  natural  irritability,  with  con- 


IN  SEARCH  OF  A  HORSE.  141 

sequent  inflammation  of  the  eye,  is  the  cause,  and 
upon  this  assumption  to  reject  the  animal  as  unsound. 
An  eye  naturally  weak  is  far  more  liable  to  sustain 
serious  injury  from  the  occurrence  of  those  trifling 
accidents  to  which  all  horses  are  exposed. 

It  may  be   observed,  as  a  general  rule,  that  all 
diseases   of  a  horse's   eye,   except  such  as  proceed 
from  accident  and  local  injury,  are  incurable.     To 
couch  the  cataract  in  a  man  is  not  very  difficult,  and 
generally   perhaps,    under    ordinary    circumstances, 
successful :  but  the  inflammation  caused  by  the  oper- 
ation in  the  horse,  and  the  uncontrollable  power  of 
the  retractor  muscle,  are  too  great  to  afi'ord  even  a 
bare  chance  of  success.     A  paralytic  afi'ection  of  the 
optic  nerve  is  hopeless  in  the  case  of  man,  and  of 
course  not  less  so  in  animals.     No  purchaser,  there- 
fore, should  be  tempted  by  the  hope  of  cure.     And 
I  would  add,  though  I  am  aware  that  I  am  opposed 
to  some  high  authorities,  that  when  one  eye  is  lost 
by  disease,  the  sight  of  the  other,  however  sound  it 
may  appear,  is  not  likely  to  be  long  preserved.     My 
advice  is  to  have  nothing  to  do  with  any  horse  where 
the  slightest  trace  of  disease  is  visible  in  the  eye, 
unless  you  are  purchasing  him  for  a  mill.     In  that 
13 


142   THE  ADVENTURES  OF  A  GENTLEMAN,  ETC. 

case  you  may  as  well  begin  with  a  blind  one.  It  is 
scarcely  necessary  to  add  that  blindness,  whether 
partial  or  total,  is  of  comparatively  little  consequence 
in  a  horse  intended  solely  for  draught.  The  blinkers 
to  a  certain  extent  create  an  artificial  blindness,  and 
in  crowded  streets  it  is  desirable  that  they  should ; 
but  except  in  four-wheeled  carriages,  defective  sight 
is  objectionable,  even  in  a  draught  horse.  I  only 
mention  the  difference  to  guard  against  the  common 
error  of  selling  a  carriage  horse,  otherwise  valuable, 
because  his  sight  is  injured. 


CHAPTER   VII I. 


The  age  of  a  horse  is  easily  ascertained  when  the 
progressive  appearances  of  the  teeth  are  explained. 
A  horse  has  forty  teeth  ;  the  twenty-four  beyond  the 
bars  (the  hollow  space,  where  the  row  of  teeth  is  dis- 
continued, and  the  palate  is  marked  by  transverse 
ridges,)  are  never  changed,  and  of  course  give  no 
indication  of  age ;  the  twelve  front  teeth  are  cast  at 
different  periods ;  till  cast,  they  are  called  foal  teeth. 
When  they  change,  the  two  centre  teeth  in  each  jaw 
are  called  nippers  or  gatherers  ;  these  appear  at  the 
age  of  three :  the  two  teeth  adjoining  the  gatherers 
on  either  side,  are  called  middling ;  they  appear  at 
four  years :  the  two  next  the  middling  teeth  are 
called  the  corner  teeth ;  they  rise  above  the  gum  at 
five :  the  remaining  two  in  either  jaw  are  called 
tushes,  corresponding  in  form  with  the  eye-teeth  in 
man:  the  appearance  of  the  tushes  is  not  regular, 


144     THE  ADVENTURES  OF  A  GENTLEMAN 

but  those  in  the  lower  jaw  show  themselves  first,  and 
commonly  at  the  age  of  three,  or  three  and  a  half. 

The  marJc,  as  it  is  called,  is  a  little  cavity  of  a 
dark  colour,  and  about  the  size  of  a  small  grain  of 
oats,  visible  on  the  surface  of  the  middling  and  cor- 
ner teeth,  and  in  a  minor  degree  on  the  gatherers. 
It  becomes  filled  up,  making  the  surface  even  at  four 
years  in  the  gatherers,  at  five  in  the  middling  teeth, 
and  at  seven  in  the  corner  teeth ;  after  seven  the  age 
cannot  be  known  by  this  criterion ;  but  it  should  be 
noticed  that  though  the  age  in  running  horses  has 
hitherto  been  usually  dated  from  the  1st  of  May, 
there  is  so  much  variation  in  the  time  of  foaling  as 
to  make  it  impracticable  to  speak  with  certainty  to  a 
few  months  more  or  less.  A  late  foal,  when  four 
years  of  age  in  sporting  calculation,  will  not  show 
his  four-year-old  teeth  till  August  or  September,  and 
of  course  will  sometimes  pass  for  a  three-year-old  in 
the  spring,  though,  properly  speaking,  he  ought  to 
be  dated  a  year  older.  By  a  recent  resolution  of  the 
Jockey  Club,  blood-stock  is  now  dated  from  the  1st 
of  January,  and  of  course  this  will  lead  to  the  general 
adoption  of  the  same  rule  in  all  stock. 

After  a  horse  is  far  advanced  in  his  eighth  year, 


IN   SEARCH  OF  A   HORSE.  145 

no  reliance  whatever  can  be  placed  on  his  mark ; 
and  if  he  shows  symptoms  of  age,  its  appearance  at 
all  should  be  viewed  with  suspicion :  but  from  ten  or 
eleven  years  the  tushes  elongate  themselves  very 
considerably,  and  when  a  few  years  more  advanced, 
all  the  front  teeth  assume  a  lengthy  and  uneven  cha- 
racter, far  too  distinct  to  allow  of  imposition  on  the 
most  inexperienced  buyer.  The  trick  of  cauterizing 
the  teeth  is  usually  practised  on  horses  under  nine : 
and  except  with  a  view  to  sell  again,  the  loss  of  the 
mark  or  the  creation  of  a  false  one,  is  of  little  conse- 
quence, unless  the  animal  shows  other  signs  of  severe 
"work,  or  of  being  stale^  as  it  is  commonly  called:  for 
my  own  part  I  would  prefer  a  horse  of  eight  years 
old  for  work,  to  one  of  six,  if  I  could  be  sure  that  he 
had  been  fairly  treated ;  but  it  too  often  happens  in 
dealers'  horses  that  '^  all  their  work  is  taken  out  of 
them,"  even  before  they  are  six :  at  least  four-fifths 
are  injured  permanently  by  being  set  to  work  too 
early  in  life. 

It  is  not  often  that  a  glandered  horse  is  found  in 

a  dealer's  stables :  the  disorder  is  now  acknowledged 

to  be  contagious,  and  its  symptoms  are  too  decided 

to  allow  even  accident  to  bring  him  there.     It  may 

13* 


146     THE  ADVENTURES  OF  A  GENTLEMAN 

not,  however,  be  amiss  to  mention  the  more  obvious 
of  these  symptoms,  to  guard  a  purchaser  against  the 
accidental  admission  of  such  an  animal  into  his  own 
stables.  The  disease  is  marked  by  a  very  copious 
discharge  of  matter  from  the  nose ;  perhaps  it  would 
be  more  correct  to  call  it  a  mucous  discharge.  The 
throat  and  fauces  are  much  swelled,  and  particularly 
the  cheeks.  In  bad  cases,  ulcers  are  formed  in  the 
cartilage  of  the  nose ;  they  are  detected  by  the  fetid 
smell  of  the  breath ;  and  ultimately  the  lungs  and 
windpipe  are  affected.  It  is  often  accompanied  by 
knotty  tumors  of  the  glands  in  various  parts  of  the 
body,  and  these  tumors  appear  to  be  united  by  ex- 
tended indurated  swellings  like  cords :  when  these 
appear,  the  disease  is  called  the  farcy.  I  do  not 
pretend  to  draw  the  distinction  between  the  farcy 
and  the  glanders,  but  the  diseases  are,  I  believe, 
allied :  and  whenever  these  symptoms  appear,  whe- 
ther they  belong  to  the  one  disease  or  the  other,  the 
animal  should  be  immediately  removed,  and  unless 
he  happens  to  be  of  great  value,  I  should  recommend 
him  to  be  sent  forthwith  to  the  knacker.  It  is  not, 
however,  wise  to  trust  altogether  to  your  own  judg- 
ment.    Sometimes  a  severe  cold  will  produce  symp- 


/ 


IN  SEARCH  OF  A  HORSE.  147 

toms  very  similar  to  the  glanders.  Sometimes  the 
strangles  are  confounded  with  it :  the  cough,  the 
fever,  and  other  usual  incidents  to  a  cold,  will  point 
out  the  difference  to  a  scientific  man,  and  in  the 
strangles  the  rapid  suppuration  of  the  glandular 
swellings,  is  a  symptom  which  is  wanting  in  the 
glanders.  Neither  a  cold  nor  the  strangles  is  a  very 
alarming  complaint ;  it  would  therefore  be  well,  be- 
fore you  sacrifice  your  horse,  to  assure  yourself  by 
good  professional  information,  that  your  suspicions 
are  well  founded  ;  but  it  is  a  wise  precaution  to  sepa- 
rate the  animal  from  others,  as  soon  as  ever  a  decided 
discharge  from  the  nostrils  is  detected. 

It  has  been  said,  and  I  believe  with  truth,  that  it 
is  a  peculiarity  of  the  glanders,  always  to  show  itself 
on  the  near  jaw.  I  have  not  had  sufficient  expe- 
rience of  the  disease,  to  feel  assured  of  the  safety 
of  this  diagnostic  :  but  the  idea  is  so  prevalent,  that  I 
do  not  like  to  omit  mentioning  it.  There  is  another 
circumstance  connected  with  the  glanders,  that  it  is 
of  the  last  importance  to  notice.  The  human  frame 
is  susceptible  of  the  contagion — a  point  long  disputed 
by  pathologists,  though  why  a  doubt  should  exist  is 
not  very  obvious;  besides  the  well-known  case  of 


148     THE  ADVENTURES  OP  A  GENTLEMAN 

hydrophobia,  we  have  long  ascertained  that  the 
small-pox  owes  its  origin  to  the  camel,  as  the  cow- 
pox  is  obtained  from  the  cow.  The  question,  how- 
ever, is  at  length  set  at  rest.  A  paper  from  the  pen 
of  Dr.  Elliotson,  the  President,  was  read  to  the 
Medical  and  Chirurgical  Society,  on  the  12th  March, 
1833,  (which  will  be  found  at  page  201  of  the  Trans- 
actions of  that  Society,  published  by  Longman,)  in 
which  the  learned  author  describes  the  recent  case  of 
William  Johnson,  a  patient  in  St.  Thomas'  Hospital. 
The  symptoms  not  only  corresponded  with  those  of  a 
glandered  horse,  but  on  a  post  mortem  examination, 
the  appearances  were  similar.  The  sufferer  had  been 
employed  as  a  groom  in  attending  a  horse  laboring 
under  the  disease,  and  had  frequently  received  the 
discharge  from  the  nostril  on  his  hand,  which  had 
been  wounded.  This  fact  was  discovered  after  sus- 
picion had  been  excited  by  the  nature  of  the  symp- 
toms. Without  going  at  length  into  the  character 
of  those  symptoms,  it  may  be  interesting  to  my  read- 
ers to  have  a  general  account  of  them.  For  the  first 
week  they  were  febrile,  attended  with  pains  in  the 
right  side  and  loins,  and  with  delirium,  at  times,  to  a 
violent  degree.     Before  a  fortnight  had  elapsed,  the 


IN  SEARCH  OF  A  HORSE.  149 

hand  and  ancle  became  swelled  and  red,  and  the 
fever  greatly  increased.  The  skin  in  various  parts 
of  the  body  gradually  assumed  the  same  inflamed 
appearance,  and  on  the  fourteenth  day,  a  discharge 
began  to  flow  from  the  right  nostril,  accompanied  by 
a  large  swelling  in  the  middle  of  the  forehead,  of  a 
purple  color :  the  left  eye  was  nearly  closed,  and 
swellings  took  place  on  the  arms  and  legs.  These 
swellings  rapidly  extended  over  the  extremities  and 
the  abdomen,  and  the  febrile  symptoms  became  more 
distressing,  the  pulse  rising  to  124;  the  discharge 
from  the  nostrils  became  considerable,  and  bore  a 
glutinous  character ;  another  purple  swelling  appear- 
ed on  the  right  side  of  the  nose,  extending  all  along 
it,  and  early  on  the  seventeenth  day  he  sunk  under 
the  disease.  On  examination,  the  swellings  were 
found  to  be  full  of  pus,  under  which  a  number  of 
small  white  granulations  were  perceptible.  The 
sinuses  above  the  eyes  contained  similar  granula- 
tions, and  were  filled  with  a  jelly-like  secretion.  On 
the  inner  surface  of  the  nose,  on  the  side  of  the  bone 
dividing  the  nostrils,  an  ulcer  appeared,  exactly 
similar  to  the  ulcers  in  the  nose  of  a  glandered 
horse,  and  the  same  white  granulations  showed  them- 
selves in  the  colon. 


150     THE  ADVENTURES  OF  A  GENTLEMAN 

I  have  abbreviated  this  account  from  the  paper 
that  I  have  mentioned,  omitting  or  altering  a  few 
technical  expressions.  The  publication  of  the  case 
led  to  the  discovery  of  several  similar  instances.  It 
follows,  that  too  much  precaution  cannot  be  used 
in  grooming  glandered  horses,  or  even  animals  of 
suspicious  appearance.  The  most  prudent  course 
would  be  to  use  gloves :  the  fear  of  a  little  ridicule 
should  never  deter  an  honest  fellow  from  so  simple 
a  remedy. 

I  have  now  almost  exhausted  the  list  of  those 
disorders  which  are  at  once  common  in  horses,  and 
capable  at  least  in  their  milder  stages,  of  being  con- 
cealed from  the  eye  of  the  superficial  observer.  But 
there  are  still  a  few  general  remarks  upon  the  subject 
that  deserve  attention.  If  the  hair  of  a  horse  ap- 
pears to  be  rubbed  off  here  and  there,  especially 
about  the  head  and  the  flanks,  if  he  is  observed  to 
rub  himself  against  the  sides  of  the  stall,  or  to  rub 
one  leg  against  the  other,  it  is  probable  that  he  is 
mangy  :  in  this  case  a  general  roughness  of  the  coat  is 
discernible  ;  not  of  that  kind  which  marks  the  change 
of  the  winter  coat,  but  as  if  he  had  been  carelessly 
curried.  A  purchaser  will  do  well  to  notice  any 
peculiar   marks :  as  for  instance,  if  there  are  grey 


IN  SEARCH  OF  A  HORSE.  151 

hairs  visible  in  a  kind  of  ring  round  the  fetlock  joint, 
or  above  and  below  the  knee,  they  imply  the  fre- 
quent and  perhaps  habitual  wearing  of  a  boot,  and  of 
course  habitual  cutting,  or  the  speedy  cut. 

Any  traces  of  a  sore  back,  though  apparently 
healed,  are  very  suspicious  ;  a  new  saddle  may  have 
occasioned  them,  as  you  will  assuredly  be  told  is  the 
fact;  but  your  own  saddle  may  be  equally  new  to  a 
new  horse.  The  slightest  tenderness  of  the  back 
makes  the  horse  unserviceable  for  weeks  and  even 
months,  and  not  unfrequently  causes  the  animal  to 
rear  or  plunge,  the  moment  that  he  is  mounted. 

It  is  by  no  means  easy  to  detect  vice  in  a  horse 
till  after  several  trials.  Vicious  horses  are  usually 
cunning,  and  try  their  rider  before  they  venture  to 
take  liberties  with  him.  It  has  frequently  been  no- 
ticed that  where  the  horse  exhibits  much  of  the  white 
of  the  eye,  he  is  vicious ;  and  this  idea  is  not  alto- 
gether without  foundation.  The  white  of  the  ball  is 
exposed  when  the  eye  is  thrown  back  to  watch  the 
approach  of  a  stranger  into  the  stall:  and  this 
jealous  vigilance  is  itself  indicative  of  temper.  A 
hint  may  not  be  misplaced  as  to  the  course  to  take 
if  you  find  yourself,  as  I  have  done,  thus  agreeably 


152     THE  ADVENTURES  OF  A  GENTLEMAN 

closeted  with  a  vicious  brute.  Most  people  immedi- 
ately retreat  with  precipitation,  and  thus  place  them- 
selves at  once  at  the  horses  heels,  when  the  chances 
are  three  to  one  in  favor  of  a  broken  leg.  The 
better  course  is,  if  you  see  symptoms  of  a  disposition 
to  bite  or  strike,  at  once  to  approach  the  head,  and 
seize  the  halter  rein  close  to  his  nose.  Few  horses 
will  attack  or  resist  a  man  that  evinces  determina- 
te control  them ;  and  this  is  equally  true  whether 
you  are  in  the  saddle  or  at  the  head.  If  by  this 
means  you  check  the  animal  into  temporary  tran- 
quillity, the  ostler  will  soon  come  to  your  aid,  and 
release  you  by  picking  up  the  fore  foot,  or  some 
other  discipline  by  which  he  is  usually  restrained. 
It  is  always  prudent  to  distrust  the  safety  of  ap- 
proaching a  horse  that  stands  in  a  separate  stall,  or 
at  the  farthest  stall  in  the  line  ;  this  being  the  place 
generally  appropriated  to  kickers. 

Crib-biting  is  rather  a  vice  than  a  disease ;  the 
horse  grasps  the  manger,  and  holding  it  with  his 
teeth,  sucks  in  the  .air,  or  at  least  appears  to  do  so : 
the  effect  of  this  bad  habit  is  often,  but  not  always, 
to  impair  the  digestive  powers,  and  render  the 
animal  poor.     As  it  is   not  usually  classed  as  un- 


IN  SEARCH  OF  A  HORSE. 


153 


soundness,  the  purchaser  should  be  very  careful  to 
watch  the  behaviour  of  the  horse  for  a  few  minutes. 
It  is  useless  to  examine  the  manger,  for  a  regular 
crib-biter  would  not  be  shown  in  his  accustomed 
stall. 


14 


CHAPTER   IX. 


The  choice  of  a  horse  for  harness,  is  in  several 
respects  far  less  difiicult  than  the  selection  of  a 
saddle  horse :  yet  it  must  be  remembered  that  an 
animal  which  is  sold  for  the  collar,  is  frequently 
parted  with  for  a  dangerous  fault  in  harness.  I  have 
long  made  it  a  rule  never  to  put  a  horse  in  my  stan- 
hope, that  I  had  not  previously  tried  in  the  saddle. 
When  I  am  on  his  back,  I  am  his  master,  when  at  his 
tail,  he  is  mine  ;  and  therefore,  I  like  to  know  his 
temper  before  I  place  myself  in  his  power. 

Draught  work  is  far  less  severe  labor  than  carry- 
ing weight,  if  the  carriage  is  fairly  adjusted  to  the 
strength,  and  the  roads  are  tolerable.  It  follows  that 
many  blemishes  which  denote  unsoundness,  and  many 
actual  defects,  are  comparatively  immaterial.  All 
draught  work,  too,  is  done  at  the  trot ;  hence  it  is  of 
little  consequence  whether  a  horse  for  harness  walks 


155 

or  gallops  well.  Still  there  is  no  doubt  that  in  pro- 
portion as  the  animal  is  sound,  and  good  in  all  his 
paces,  his  value  is  greater  for  -whichever  service  he  is 
designed. 

I  may  also  remark  that  few  people  are  very  par- 
ticular about  driving  a  horse  in  a  boot,  or  with  a 
blemished  knee,  while  the  blinkers  will  hide  any 
obvious  defect  in  the  eyes.  Thus  other  serious  ob- 
stacles that  occur  in  the  purchase  of  a  saddle  horse 
are  removed. 

Subject  to  these  preliminary  observations,  I  would 
suggest  that  the  form  of  a  stanhope  horse  should  be 
carefully  considered ;  a  full  shoulder  and  a  well 
filled-up  loin,  are  of  consequence :  the  action  should 
be  free,  and  rather  high  than  otherwise;  the  body 
should  be  compact  and  close,  the  legs  short,  and 
rotundity  the  character  of  the  whole. 

Steadiness  is  a  great  virtue  in  a  gig-horse ;  for 
his  duty  is  in  the  streets,  where  every  provocation 
is  given  to  the  contrary,  and  where  the  least  swerv- 
ing from  the  direct  line  may  cause  infinite  mischief. 
It  is  quite  impossible  to  decide  whether  a  horse 
deserves  this  character  till  he  has  been  tried;  but 
a  single  drive  down  Oxford  street  or  Holborn,  will 


156     THE  ADVENTURES  OF  A  GENTLEMAN 

put  him  sufficiently  to  the  proof;  a  man  who  buys  a 
stanhope-horse,  without  first  driving  it  himself,  is  a 
fit  subject  for  a  commission  of  lunacy.  It  is  not 
enough  to  put  him  in  the  break ;  he  should  be  har- 
nessed at  once  to  the  stanhope ;  and  it  is  prudent  to 
observe  closely  how  he  bears  the  ceremony  of  being 
harnessed,  and  what  kind  of  a  start  he  makes. 
Much  may  be  predicted  of  his  qualifications  for 
draught,  or  at  all  events  of  his  familiarity  with  the 
collar,  by  the  degree  of  quiet  with  which  he  allows 
himself  to  be  put  to.  If  the  ostler  runs  along-side 
of  him  at  setting  ofi",  as  is  often  the  case,  you  may 
be  sure  that  the  horse  is  distrusted :  if  you  distrust 
yourself,  have  nothing  to  do  with  him. 

One  of  the  best  horses  which  I  ever  had  in  my 
life,  as  a  gig-horse,  was  a  little  animal  scarcely  four- 
teen hands  and  an  inch  high,  which  I  bought  of  a 
dealer  named  Thompson,  an  excellent  judge  of  a 
horse  for  harness,  and  who,  I  believe,  now  purchases 
horses  for  Mr.  Robinson,  of  Little  Britain.  His 
case  was  in  some  respects  peculiar,  and  worth  men- 
tioning. I  bought  him  for  a  relative,  of  very  little 
weight,  but  a  timid  rider.  He  was  just  such  a  horse 
as  I  have  described ;  about  half-bred,  and  inclining 


IN  SEARCH  OF  A  HORSE.  157 

in  form  to  a  cob.  My  relative  rode  him  for  about 
two  or  three  months,  during  which  time,  either  he  or 
the  horse  so  contrived  it  as  to  fall  every  ten  days ; 
the  last  fall  was  a  very  serious  one,  and  the  knees 
were  much  blemished.  He  would  not  have  produced 
ten  pounds,  though  I  had  given  nearly  forty.  I  ob- 
tained permission  to  break  him  into  harness,  which  I 
did  myself,  without  any  trouble  or  difficulty.  His 
owner  would  not  take  him  back  again,  but  gave  him 
to  me.  A  year  or  two  afterwards  I  refused  sixty  for 
him.  It  is  a  singular  fact,  that,  for  the  first  two 
years  that  I  had  him,  (he  remained  with  me  nearly 
five,)  he  would  allow  nobody  to  drive  him  but  myself. 
If  other  hands  held  the  reins,  he  would  swerve  and 
shy,  and  at  last  perhaps  fairly  bolt ;  but  in  mine  he 
never  committed  a  fault.  I  used  to  drive  him  with 
a  sharp  curb,  and  very  little  whip ;  but  my  command 
of  him  was  so  complete,  that  I  have  urged  him  to  his 
full  speed,  thrown  the  reins  on  his  back,  and  stopped 
him  in  an  instant  by  my  voice !  The  inference 
which  I  would  draw  is,  that  a  purchaser  should 
always  try  a  new  stanhope  horse  for  himself,  and 
not  trust  to  the  steadiness  evinced  while  the  reins 
are  in  his  owner's  hands. 

14* 


158     THE  ADVENTURES  OF  A  GENTLEMAN 

I  cannot  dismiss  my  little  horse  without  mention- 
ing another  incident  connected  with  him,  to  me  par- 
ticularly interesting.  Like  most  Cantabs,  I  acquired 
at  college  an  unlucky  taste  for  driving.  I  have 
driven  my  tandem  for  many  thousand  miles  in  safe- 
ty, and  used  at  times  to  exhibit,  at  once  my  folly  and 
my  skill,  by  threading  the  narrowest  or  most  crowd- 
ed streets  in  London.  It  is  scarcely  necessary  to 
add,  that  eventually  I  broke  my  head;  though  in 
justice  to  my  skill,  I  must  declare  that  the  fault  was 
not  mine,  but  my  coachmaker's.  The  splinter-bar 
had  been  morticed  into  the  shaft,  at  the  very  point 
where  the  latter  was  rendered  unsound  by  a  knot  in 
the  wood.  One  day,  after  a  long  journey  into  the 
country,  and  within  a  hundred  yards  of  my  own 
door,  the  shaft  broke,  and  I  was  precipitated  over 
the  shaft-horse,  under  the  heels  of  my  old  favorite. 
There  I  lay,  insensible.  The  awkward  hands  who 
came  to  render  assistance,  wanted  (as  I  was  after- 
wards informed  by  my  servant)  to  move  the  horse 
away  from  me,  at  the  risk  of  putting  his  heels  upon 
my  face ;  but  move  he  would  not ;  nor  would  he  allow 
a  foot  to  be  raised,  till  at  last  I  was  fairly  lifted  up 
from  under  him,  and  then,  though  not  till  then,  he 


IN   SEARCH  OF  A   HORSE.  159 

readily  changed  his  position,  and  moved  wherever 
they  pleased  to  lead  him.  I  have  no  inference  to 
draw  from  this,  except  a  caution  even  to  the  most 
experience  whips,  against  tandems  !  I  mention  it  as 
a  tribute  of  gratitude  to  my  poor  horse,  who  showed 
at  least  as  much  sense  as  his  master.  Young  gentle- 
men, however,  who  disregard  my  caution,  as  doubt- 
less nineteen  out  of  twenty  will,  may  thank  me  for  a 
hint  of  which  I  have  experienced  the  advantage. 
Tandems  are  rarely  seen  now ;  but  those  who  still 
drive  a  leader,  generally  attach  his  traces  to  an  eye 
in  the  traces  of  the  shaft-horse :  this  looks  better, 
but  is  not  so  safe  as  the  old-fashioned  way  of  hook- 
ing them  to  the  end  of  the  shaft.  By  the  first  plan, 
the  stumbling  of  the  shaft-horse  is  aggravated  into  a 
decided  fall,  for  the  animal  is  actually  pulled  down 
by  the  continued  motion  of  the  leader ;  by  the  old 
plan,  the  shaft-horse  is  allowed  time  to  recover  a 
casual  trip,  and  is  even  assisted ;  the  weight  of  the 
carriage  being  relieved  by  the  shafts  being  retained 
by  the  leader's  traces  in  a  horizontal  position.  The 
greatest  danger  in  tandem-driving  arises  from  the 
stumbling  of  the  shaft-horse ;  it  therefore,  follows 
that  if  either  of  the  team  is  distrusted  in  his  feet  or 
legs,  he  should  be  driven  leader. 


160     THE  ADVENTURES  OF  A  GENTLEMAN 

I  have  had  two  deals  with  Thompson  since  I  wrote 
the  preceding  remarks.  One  of  them  has  proved  a 
very  good  horse ;  the  other  has  been  an  unlucky  pur- 
chase. I  bought  him  with  a  warranty  of  soundness, 
and  I  detected  no  unsoundness  for  nearly  five  weeks 
after  my  purchase,  though  I  expressed  a  doubt  at 
the  time  whether  his  feet  were  right.  He  has  proved 
lame  from  inflammation  of  the  navicular  joint.  He 
is  so  unexceptionable  in  other  respects,  that  I  have 
kept  him,  in  the  hope  of  curing  the  disease  by  a  win- 
ter's run  in  the  wet  marshes,  but  I  am  far  from  san- 
guine as  to  his  recovery.  It  is  a  complaint  that 
admits  of  relief,  but  is  seldom  cured.* 

No  man,  if  he  can  help  it,  will  ever  buy  a  mare 
for  harness :  no  dependence  whatever  can  be  placed 
upon  them :  they  may  be  temperate  and  steady  for 
months,  or  even  years,  and  yet  when  the  season 
arrives,  will  kick  your  chaise  to  pieces.  I  drove  a 
little  mare  for  nearly  a  year  with  the  galloway  that 
I  have  just  been  mentioning;  the  following  spring 
she  kicked  herself  out  of  harness  three  times  in  the 
course  of  as  many  weeks !     Purchasers   are    often 

*  The  case  proved  incurable,  and  I  was  obliged  to  sell  the 
horse  for  a  trifle,  after  incurring  all  the  expense  of  his  winter's 
run. 


IN  SEARCH  OP  A  HORSE.  161 

tempted  by  their  inferior  price;  a  mare,  cceteris 
paribus,  being  generally  five  or  ten  pounds  less  val- 
uable than  a  gelding ;  but  they  forget  that  it  is  this 
very  capriciousness  of  character  that  reduces  their 
value,  because  it  unfits  them  for  the  collar. 

It  can  scarcely  be  necessary  to  remind  a  purchaser 
that  any  scar  on  the  shoulders,  or  even  under  the 
tail,  should  lead  to  a  suspicion  of  tenderness  in  those 
parts,  not  very  consistent  with  length  of  service  in 
harness ;  and  in  the  same  way  that  a  blemished  hock 
should  excite  a  doubt  whether  the  splinter  bar  is  not 
equally  damaged.  If  it  can  be  managed,  it  would 
be  prudent  to  see  a  horse  driven  in  his  master's 
stanhope,  were  it  only  to  take  the  opportunity  of 
observing  whether  the  dashing  iron  or  the  floor 
retains  marks  of  the  shoe,  or  has  been  recently  re- 
paired in  order  to  efface  them. 

I  once  was  trying  a  stanhope  horse  in  company 
with  his  owner,  but  not  in  his  owner's  chaise  :  I 
had  no  suspicion,  for  I  was  to  receive  a  warranty 
of  "sound  and  safe  in  harness,"  but  he  appeared  to 
me  to  show  a  great  deal  of  work  ;  and  therefore  I 
wished  to  see  the  stanhope  that  he  had  been  accus- 
tomed to  draw.     "  It  was  at  the  coachmaker's."     I 


162     THE  ADVENTURES  OF  A  GENTLEMAN 

offered  to  go  there,  and  proposed  that  we  should 
drive  to  the  shop.  "  It  was  a  long  way  off,  on  the 
other  side  of  the  water."  I  replied,  that  my  time 
was  of  no  consequence ;  for,  whenever  I  perceive 
hesitation,  I  always  feel  distrust.  "  It  was  taken  to 
pieces  to  be  fresh  painted."  In  short,  I  found  that 
the  chaise  was  not  to  be  seen  ;  and  therefore,  see  it  I 
would.  When  we  returned  to  the  stables,  I  took  an 
opportunity  of  saying  privately  to  the  ostler,  that  I 
thought  the  horse  had  been  over-weighted,  and  I 
wished  to  compare  his  owner's  stanhope  with  mine. 
"When  would  it  be  at  home?"  He  could  not 
tell,  but  at  once  referred  me  to  the  coachmaker's : 
this  was  all  I  wanted.  I  proceeded  there  without 
delay,  and  anticipated  his  customer  by  only  ten  mi- 
nutes ;  this  was  enough  however,  to  apprise  myself 
by  ocular  inspection,  that  the  dashing  iron  had  been 
kicked  away,  only  the  week  before,  by  the  horse 
warranted  "  safe  in  harness  !"  About  a  month  after, 
not  having  yet  found  what  I  wanted,  I  read  an  adver- 
tisement in  the  paper,  of  "  a  horse,  stanhope,  and 
"  harness,  to  be  sold  together.  The  stanhope  al- 
"  most  new,  and  very  recently  from  the  coachma- 
"  ker's   shop :    the   horse    possessing   the   grandest 


IN  SEARCH  OF  A  HORSE. 


163 


"  action  imaginable,  and  making  altogether,  the  most 
"  elegant  turn-out  in  London  ;  bond  fide  the  property 
"  of  a  gentleman  that  might  be  referred  to."  I 
went  to  the  place,  and  at  once  recognized  my  old 
acquaintance,  whose  action,  a  posteriori  at  least,  had 
been  as  "grand"  as  could  reasonably  be  desired; 
and  as  for  the  stanhope,  the  most  practised  eye  in 
Long  Acre  could  scarcely  have  discovered  the  true 
cause  of  its  having  so  recently  quitted  the  coach- 
maker's  loft !  Another  striking  specimen  oi  gentility 
in  horse-dealing  transactions ! 


CHAPTER    X. 


If  my  reader  has  by  this  time  mounted  himself  to 
his  satisfaction,  he  will  be  dismayed  to  learn,  that 
he  has  yet  much  to  do  in  the  way  of  precaution,  be- 
fore he  can  hug  himself  in  his  purchase. 

A  friendly  critic  in  the  Old  Sporting  Magazine 
has  humorously  compared  me  to  Accum,  the  cele- 
brated chemist,  of  "  death-in-the-pot "  reputation. 
I  will  take  this  opportunity  of  setting  myself  right 
in  this  matter.  I  have  never  said  that  a  sound 
horse  is  unattainable  in  the  market ;  but  merely 
that  animals  of  this  description  do  not  often  find 
their  way  into  it.  My  object  has  been  to  enable 
the  inexperienced  to  form  some  judgment  for  them- 
selves upon  the  merits  of  such  horses  as  they  are 
most  likely  to  find  there,  and  especially  to  guard 
them  against  the  common  error  of  allowing  their 
judgment  to  be  warped  by  the  amount  of  the  price 


THE  ADVENTURES  OF  A  GENTLEMAN,  ETC.       165 

demanded.  In  prosecuting  this  object,  it  has  been 
necessary  to  explain  all  the  artifices  to  which 
knavish  dealers  have  recourse  ;  not  that  any  indi- 
vidual will  find  himself  exposed  to  all  these  tricks, 
but  he  must  learn  them  all,  to  guard  against 
being  victimized  by  any  one  of  them ;  and  though 
it  is  almost  absurd  to  repeat  the  cases  in  which 
every  day's  police  report  presents  to  our  eyes,  yet 
if  the  tricks  of  horse  chanters  were  generally  known 
and  understood,  we  should  not  find  such  frequent 
sufferers  by  their  frauds.  Some  of  these  tricks  I  have 
already  mentioned  ;  but  there  is  one  which,  however 
common  its  occurrence,  cannot  be  too  often  described. 

"  Timid  old  gentlemen,"  or   dandy  young  ones, 
are  the  legitimate  prey  of  all  horse  chanters. 

"  A  neat  little  cob,  equal  to  any  weight,  that 
never  stumbles  nor  shies,"  meets  the  eye  of  some 
"  timid  old  gentleman,"  and  "  a  liberal  trial"  being 
allowed,  he  purchases.  This  is  all  very  well ;  but 
how  is  the  trial  to  be  made  with  security  to  all 
parties?  The  advertiser  is  at  no  loss.  The  price 
asked  is  forty  guineas ;  "  the  gentleman  may  de- 
posit half  the  price,  and  ride  the  horse  where  he 
pleases."  Such  a  proposal  seems  fair  enough  in  all 
15 


166 


THE  ADVENT CTRES  OF  A  GENTLEMAN 


conscience  ;  the  parties  are  alike  strangers  to  each 
other;  the  buyer  indeed,  is  the  most  open  to  sus- 
picion of  the  two,  for  the  seller  has  the  prima  facie 
evidence  of  respectability,  that  he  is  the  occupier  of 
a  stable,  and  the  owner  of  a  horse  !  The  "  timid  old 
gentleman"  feels  that  the  reason  of  the  thing  is 
against  him.  The  deposit  is  only  half  the  value ; 
he  pays  the  twenty  guineas,  and  rides  away  with  all 
possible  assurances  and  good  Avishes. 

In  ten  minutes  he  discovers  his  purchase  to  be 
''  a  roarer."  What  then  ?  "  Timid  old  gentlemen" 
are  neither  dandies  nor  highfliers,  and  asthmatic  in- 
firmities are  surely  entitled  to  the  indulgent  sym- 
pathy of  age.  In  ten  minutes  more  the  "  neat  little 
cob"  blunders  against  a  scavenger's  night  cart,  and 


IN  SEARCH  OF  A  HORSE.  167 

swerving  away  to  avoid  being  run  over,  is  taken  in 
flank  by  the  pole  of  an  omnibus  :  this  is  very  dis- 
agreeable, to  be  sure;  but  what  "little  horse"  in 
England  can  make  his  way  through  a  phalanx  of 
London  carriages?  Besides,  "old  gentlemen"  do 
not  habitually  travel  the  crowded  streets  on  horse- 
back ;  so  the  purchaser  is  not  discouraged.  Before 
his  half  hour  is  completed,  however,  this  sure-footed 
beast,  that  "it  is  impossible"  to  make  stumble, 
breaks  down  in  the  softest  quagmire  he  can  find  of 
metropolitan  slush  and  filth,  and  spills  the  "  timid 
old  gentleman"  in  the  kennel !  Human  patience 
cannot  stand  this.  John  is  immediately  dispatched 
with  the  unlucky  Rosinante  to  his  owner,  and  desired 
to  leave  the  horse  and  bring  back  the  money.  The 
first  is  easily  done  ;  the  horse  is  left,  and  readily  re- 
ceived by  the  expecting  ostler  :  but  "  master  is  gone 
to  dinner,  and  will  not  be  back  for  two  or  three 
hours."  When  that  interval  has  elapsed,  John  re- 
turns ;  but  finds  neither  horse,  nor  master,  nor 
groom :  the  stable  is  empty  ;  the  neighbors  know 
nothing  of  the  tenants,  and  the  swindlers  have  safely 
decamped  with  their  "  neat  little  cob,"  and  the  "  old 
gentleman's"  twenty  guineas  into  the  bargain  !  !  ! 


168     THE  ADVENTURES  OF  A  GENTLEMAN 

Scarcely  a  week  passes,  that  this  stale  and  shallow 
trick  is  not  successfully  repeated ;  for  the  rascals 
know  very  well,  that  even  if  they  were  traced  to  the 
next  door  of  their  dupe,  he  would  hesitate,  after  the 
first  flush  of  vexation  was  over,  at  encountering  all 
the  trouble  and  expense  of  a  prosecution :  nor 
would  it  perhaps  be  easy  to  establish  the  legal 
criminality  of  their  conduct ;  a  timid  magistrate,  or 
an  indulgent  jury,  would  reduce  it  to  a  mere  debt  of 
twenty  guineas,  or  call  it  a  "  debt  of  honor  !"  When 
you  have  chosen  your  horse,  before  you  part  with  a 
farthing  of  the  price,  learn  something  of  the  seller  : 
if  this  is  difficult,  remember  that  it  is  just  as  easy  to 
send  his  horse  to  your  stables,  as  for  you  to  try  it  from 
his.  If  this  is  declined  walk  away  as  fast  as  your 
legs  can  carry  you.  You  are  in  a  dangerous  posi- 
tion, after  once  confessing  to  a  chanter  that  you 
like  his  horse.  Canning's  eloquence  was  a  hundred 
degrees  less  persuasive,  than  the  wily  speeches  of  an 
ostler  under  such  auspicious  circumstances. 

I  strongly  recommend  the  horse  to  be  taken  away 
in  the  seller's  saddle  and  bridle :  a  demur  is  often 
made  to  the  inconvenience,  but  explain  the  reason, 
and  no   respectable  dealer  will   object  to  the  loan. 


IN  SEARCH  OF  A   HORSE.  169 

To  buy  a  new  saddle  for  an  untried  horse,  is  throw- 
ing away  money ;  and  though  saddle-trees  are  now 
usually  made  in  a  form  to  suit  most  horses  of  the 
average  size,  it  is  not  improbable  that  the  back 
would  be  galled  by  a  long  ride  in  a  saddle  out  of 
your  own  harness-room.  Should  this  kappen,  any 
dealer  is  fairly  entitled  to  refuse  the  horse,  if  re- 
turned, unlpss  upon  full  compensation  ;  for  he  is 
alike  unfit  for  sale  or  use,  till  the  wound  is  healed, 
and  I  have  already  noticed  that  this  is  not  the  work 
of  a  day. 

It  is  prudent  to  examine  with  attention  the  terms 
in  which  the  warranty  is  expressed.  I  have  often 
known  instances  in  which,  either  from  accident  or 
design,  the  guarantee  of  soundness  has  been  so  care- 
lessly worded,  as  to  leave  no  remedy  to  the  pur- 
chaser ;  and  in  other  cases,  the  warranty  has  been 
signed  by  an  agent,  whose  authority  to  give  it  has 
been  afterwards  denied :  thus  substituting  a  right  of 
action  for  deceit  against  a  man  of  straw,  for  a  good 
remedy  against  a  solvent  seller. 

Another  precaution,  rarely  taken,  but  of  great  im- 
portance, is  to  send  a  servant  to  fetch  the  horse  : 
the  purchaser  generally  rides  him  away  himself,  if 
15* 


170     THE  ADVENTURES  OF  A  GENTLEMAN 

he  can  borrow  a  saddle.  Should  an  accident  occur 
on  the  journey  home,  he  has  no  witness  to  prove  the 
cause  of  it,  and  a  squabble  of  course  arises.  He  is 
challenged  with  careless  riding — he  cannot  disprove 
the  charge,  and  the  remedy  on  the  warranty  is  in- 
volved in  the  always  complicated  question,  ''  Who  is 
in  fault  ?"  For  the  same  reason  it  is  prudent  for 
the  first  week,  if  possible,  always  to  ride  him  in  com- 
pany ;  or,  at  all  events,  to  make  the  groom  carefully 
note  down  the  length  of  every  ride,  and  the  condi- 
tion in  which  the  horse  is  brought  home.  Every  sin 
that  the  animal  can  commit  is  thrown  upon  the 
rider's  back,  whenever  a  horse  is  returned  to  a  dealer 
on  his  warranty.  Inquiry  should  always  be  made  of 
the  seller,  how  he  has  been  accustomed  to  diet  and 
clothe  his  horse  ;  whether  his  feet  are  stopped  at 
night,  and  how  frequently  ;  and  whatever  reply  he 
gives  should  be  carefully  noted,  and  the  same  treat- 
ment observed,  till  his  soundness  is  ascertained  be- 
yond dispute.  These  points  seem  trivial  and  super- 
fluous. The  moment,  however,  the  buyer  consults 
his  attorney,  he  will  cross-examine  him  on  every 
item,  and  then  their  practical  importance  in  re- 
ference to  the  warranty  is  ascertained,  though  gene- 


IN   SEARCH  OF  A  HORSE.  171 

rally,  too  late  !  It  is  desirable,  before  money  is 
paid,  to  put  some  general  questions  as  to  the  history 
of  the  horse — not  so  much  to  ascertain  that  he  is 
not  stolen  property,  though  even  that  suspicion  is 
not  always  to  be  laid  aside,  but  to  secure  the  means 
of  tracing  any  disease  that  may  show  itself  in  the 
buyer's  stables.  It  is  a  strange  fact,  but  not  less 
true  than  strange,  if  dealers  are  to  be  credited,  that 
no  horse  is  ever  ill  before  he  is  transferred  by  sale  ! 
The  first  appearance  of  every  disorder  with  which 
veterinarians  are  familiar,  is  the  second  or  third  day 
after  the  animal  is  comfortably  housed  in  a  new 
stable.  Now,  after  making  the  most  liberal  allow- 
ances for  change  of  domicile,  I  cannot  understand 
this  horse-dealing  system  of  pathology  ;  and  so  far 
am  I  from  being  convinced  of  its  being  sound  in 
principle,  that  I  have  always  provided  myself  with 
the  means  of  following  up  my  horse's  history.  Some- 
times I  have  discovered  that  even  in  this  trifling 
matter,  the  inveterate  habit  of  lying  has  betrayed 
itself.  But  deception  here  is  of  little  moment :  it 
tells  as  well  with  a  jury,  that  the  previous  history  of 
the  animal  has  been  studiously  concealed,  as  if  the 
last  year  of  his  existence  had  been  spent  at  the  col- 


172   THE  ADVENTURES  OF  A  GENTLEMAN,  ETC. 

lege  ;  and  this  is  all  that  is  wanted.  I  may  also  ob- 
serve that  actual  deception  on  any  material  point,  in- 
validates a  contract  altogether.  Thus  to  sell  a  horse 
that  has  lost  the  mark,  under  a  false  representation 
of  his  age,  or  to  sell  a  second-hand  carriage,  as  one 
that  has  just  left  the  coach-maker's  loft,  is  fraudu- 
lent, and  no  action  can  be  maintained  for  the  price ; 
or  should  the  price  have  been  paid,  it  may  be  re- 
covered back.  Dealers  ought  to  be  better  aware  of 
this  principle  of  law,  than  for  the  most  part  they 
appear  to  be.  No  legal  contract  can  he  founded 
upon  fraud^  and  wilful  deception  amounts  in  law  to 
fraud.  The  maxim,  of  Caveat  emptor,  which  I  have 
chosen  for  my  title,  cannot  safely  be  pushed  too  far  ; 
but  on  these  and  similar  points  I  will  refer  my 
reader  to  the  subsequent  pages  for  more  satisfactory 
explanation. 


CHAPTER   XI 


I  HAVE  written  to  little  purpose,  if  my  reader 
should  ever  require  advice  to  guide  him  in  reference 
to  his  warranty ;  but  my  work  would  be  incomplete 
without  it,  and  with  it  he  may  save  himself  many  a 
six-and-eightpence,  if  he  is  after  all  so  unfortunate 
as  to  be  taken  in. 

Every  man  I  believe  is  pleased  with  a  new  horse 
for  the  first  four-and-twenty  hours,  on  the  same  prin- 
ciple that  every  child  is  pleased  with  a  new  toy :  and 
like  the  child  who  throws  away  the  toy  the  moment 
it  fails  to  answer  expectation,  the  buyer  believes  his 
purchase  to  be  worthless,  the  instant  he  detects  a 
fault.  This  is  a  serious  mistake.  There  is  not  one 
horse  in  a  hundred  that  is  in  everv  sense  sound. 
There  is  an  important  distinction  between  soundness, 
in  its  legal  sense,  and  in  its  popular  acceptation.  A 
lawyer  will  tell  you  that  every  horse  is  sound  that  is 


174     THE  ADVENTURES  OF  A  GENTLEMAN 

not  diseased,  or  menaced  with  disease,  to  a  degree 
that  incapacitates  him  for  fair  and  serviceable  exer- 
tion in  that  labor  for  which  he  is  sold.  A  veterinary 
surgeon  will  declare  a  horse  unsound,  that  has  any 
symptoms  of  past,  present,  or  future  infirmity.  A 
dealer,  or  his  ostler,  will  vouch  for  the  soundness  of 
every  animal  that  can  place  one  foot  before  the 
other,  or  manage  to  stand  upon  all  four.  Between 
these  high  authorities,  especially  if  his  attorney  has 
an  eye  to  costs  rather  than  character,  the  unlucky 
purchaser  is  bewildered,  and  like  all  men  in  that 
predicament,  commits  one  blunder  that  leads  to  a 
second,  till  he  is  lost  in  a  labyrinth  of  squabbling, 
litigation,  and  expense :  consoling  himself  eventually 
with  the  comfortable  conviction  that  all  lawyers, 
farriers,  and  dealers,  are  rogues  alike;  beleagured 
together  to  swindle  him  out  of  his  money,  and  make 
dupes  of  honest  men  !  The  proportion  of  knaves 
among  them  is  large  certainly :  but  very  little  reflec- 
tion will  satisfy  a  reasonable  man,  that  in  most  cases 
he  can  only  have  himself  to  blame. 

My  first  advice  is  not  to  be  too  prompt  in  re- 
turning a  defective  horse.  Slight  faults,  or  even 
doubtful  indications  of  disease,  should  not  be  conclu- 


IN  SEARCH  OF  A  HORSE.  175 

sive.  No  horse  is  without  a  fault  of  some  kind,  and 
yet  there  are  not  many  that  absolutely  incapacitate 
him  for  work.  A  horse  may  refuse  to  canter,  and 
yet  be  pleasant  and  speedy  in  his  trot ;  he  may  even 
blunder  with  a  new  and  inexperienced  rider,  and 
ultimately  prove  sure-footed  when  better  accustomed 
to  the  hand.  Many  will  swerve  and  shy  when  they 
find  themselves  unsteadily  mounted,  and  afterwards 
prove  perfectly  docile.  Some  animals  of  delicate 
stomachs,  or  moody  tempers,  will  refuse  their  corn 
when  they  come  into  a  strange  stable ;  others  will  be 
sullen  when  introduced  to  a  new  face,  or  unmanage- 
able when  groomed  by  an  unwonted  hand :  all  these 
are  temporary  inconveniences,  and  far  from  conclu- 
sive against  the  value  or  usefulness  of  the  horse. 

Many  timid  riders  take  alarm  at  the  frolics  of 
their  horse  when  first  mounted ;  forgetting  that  in 
all  probability  he  has  been  fed  up  into  high  condi- 
tion for  sale,  and  had  no  work  for  a  month  past, 
beyond  his  daily  exercise.  It  is  not  a  fortnight 
since  I  mounted  a  mare  that  almost  kicked  down  the 
stable  door  as  soon  as  I  crossed  her.  She  carried 
me  very  quietly  for  an  hour  afterwards,  and  I  was 
more  disposed  to  complain jof  a  want  of  spirit,  than 
an  excess  of  it. 


176     THE  ADVENTURES  OP  A  GENTLEMAN 

Should  it,  however,  be  too  apparent  that  the  pur- 
chase is  substantially  vicious  or  unsound,  it  should 
be  returned  without  delay,  but  not  without  due  cau- 
tion.* An  immediate  return  is  not  necessary  in 
point  of  law,  but  it  is  certainly  imprudent  needlessly 
to  retain  an  unsound  horse  even  for  a  day.  The  two 
leading  authorities  on  unsoundness  are  Mr.  Sewell 
and  Mr.  Field ;  and  before  the  animal  is  sent  back, 
both  these  gentlemen  should  be  consulted.  Their 
opinions  will  only  cost  a  guinea,  and  this  sum  is  well 
expended  to  assure  oneself  of  scientific  judgment. 
If  they  difi'er  in  opinion,  it  will  not  be  safe  to  enforce 
the  warranty :  that  they  do  sometimes  differ,  I  have 
had  recent  proof.  A  distinguished  member  of  par- 
liament lately  offered  me  for  sale  a  beautiful  mare, 
bred  by  himself.  He  was  unwilling  to  warrant  her, 
and  without  a  warranty  I  would  not  buy.  He  pro- 
posed that  she  should  be  examined  at  the  college, 
and  with  this  I  was  willing  to  take  her.  She  was  at 
once  pronounced  lame,  and  on  catechising  the  groom 
that  brought  her,  it  turned  out  that  she  had  hurt  her 

*  The  reader  must  not  infer  from  this  passage  that  he  is  en- 
titled, as  a  matter  of  course,  to  return  a  horse  for  a  breach  of 
warranty.  I  again  refer  him  to  the  subsequent  pages  for  a  full 
explanation  of  the  law  on  the  subject  of  "  return." 


IN  SEARCH  OF  A  HORSE.  177 

hock  on  being  tried  in  harness.  Mr.  Sewell  was  of 
opinion  that  unless  boxed  up  for  the  summer  with  a 
high-heeled  shoe,  her  lameness  would  become  perma- 
nent and  incurable.  Of  course  I  rejected  her.  A 
few  days  after,  the  ostler  at  the  stables  where  she 
was  occasionally  put  up,  informed  me  that  her  owner, 
not  satisfied  with  Mr.  Sewell's  opinion,  though  borne 
out  by  the  accident,  had  consulted  Mr.  Field  within 
an  hour  after  she  had  left  the  college ;  Mr.  Field 
passed  her  as  one  of  the  soundest  horses  he  had  ever 
examined  I* 

It  is  indispensable  to  consult  the  veterinarian 
hefore  the  horse  is  returned,  for  no  opportunity  will 
be  given  of  doing  so  afterwards.  Nine  times  out  of 
ten,  the  dealer  will  receive  him,  but  will  not  refund 
the  money :  so  far  from  it,  that  he  will  send  you 
notice  that  the  horse  is  standing  at  your  expense, 
and  you  will  shortly  receive  a  heavy  bill  for  his  keep, 
unless  he  good-naturedly  offers  to  sell  him  for  you 
again  at  half  the  price  you  gave  him  ! 

*  Mr.  Field  has  since  assured  me,  that  though  he  passed  the 
mare,  he  did  not  pronounce  his  opinion  in  these  unqualified 
terms  ;  and  in  justice  to  him,  I  feel  it  right  to  correct  the  text :  he 
considered  her,  however,  to  be  free  from  lameness. 

16 


178     THE  ADVENTURES  OP  A  GENTLEMAN 

If  unsound,  Mr.  Sewell  will  give  a  certificate  of 
the  fact,  and  also  of  the  seat  of  the  disease.  Of  this 
certificate  it  is  expedient  to  keep  an  examined  copy, 
and  then  send  the  original  to  the  dealer.  The  ser- 
vant who  received  it  from  Mr.  Sewell,  should  be  the 
person  to  examine  and  mark  the  copy,  and  also  to 
deliver  the  original,  or  at  least  produce  it  to  the 
dealer ;  as  it  will  be  necessary  on  the  trial  of  the  ac- 
tion, to  have  his  evidence  to  show  fair  play  and  open 
dealing  to  the  satisfaction  of  the  jury.  Nothing  tells 
more  with  a  jury  than  candid,  open  behavior,  espe- 
cially in  actions  upon  horse-warranties.    . 

I  have  already  intimated  the  importance  of  tracing 
the  past  history  of  the  horse,  to  ascertain  whether 
the  unsoundness  is  of  old  standing.  It  will  often  be 
found,  when  this  can  be  done,  that  the  dealer  himself 
bought  without  a  warranty.  Indeed  the  question 
should  always  be  put  to  him  whether  he  did  or  not. 
His  refusal  to  answer  it,  or  to  produce  the  warranty, 
will  tell  as  much  against  him  as  the  admission  that 
he  took  none ;  but  then  he  should  be  interrogated  by 
a  third  party,  who  can,  if  necessary,  be  put  in  the 
witness-box. 

The  next  material  point  is  to  make  a  chronologi- 


IN  SEARCH  OF  A  HORSE.  179 

cal  memorandum  of  every  occurrence,  both  in  the 
purchase,  and  subsequent  treatment,  "knd  let  the 
groom  subscribe  his  name  to  it.  A  case  is  clear 
enough  in  the  month  of  March,  but  if  the  cause  is 
not  tried  till  July,  half  the  circumstances  are  forgot- 
ten. The  most  trivial  inaccuracy  is  fatal  in  a  horse 
cause :  nothing  should  be  omitted ;  his  diet,  his  exer- 
cise, his  grooming,  every  thing  that  can  prove  due 
attention  to  have  been  paid  to  him,  should  be  care- 
fully noted  down,  while  all  is  recent  and  memory 
awake.  It  is  useful  to  make  the  servant  sign  it,  for 
I  have  known  instances  where  the  man  has  been  dis- 
charged in  the  interim,  and  produced  afterwards  as  a 
witness /or  the  dealer^  and  a  most  useful  witness,  too. 
Half  a  guinea  will  do  wonders  in  making  a  good  wit- 
ness of  a  discarded  servant. 

In  all  questions  arising  upon  a  warranty  this 
principle  must  be  borne  in  mind  ;  the  horse  must  be 
returned  in  the  same  state  and  condition  in  which  he 
was  received,  except  so  far  as  the  disease  for  which 
he  is  returned  may  have  deteriorated  him ;  as  for 
instance,  if  the  knees  are  broken  by  a  fall,  and  the 
fall  was  occasioned  by  chronic  lameness,  the  blemish 
is  no  bar  to  his  return :  but  except  in  cases  ejusdem 


180     THE  ADVENTURES  OF  A  GENTLEMAN 

generis,  any  injury  to  a  horse  while  in  the  pur- 
chaser's possession  deprives  him  pro  tanto  of  his  re- 
medy. This  is  my  reason  for  giving  such  minute 
directions  for  the  treatment  of  the  animal,  while  his 
soundness  remains  doubtful. 

It  often  happens  that  a  wary  dealer  will  play  oflf 
an  artful  game  with  a  dissatisfied  customer.  Allow 
him  five  guineas,  and  he  will  take  the  horse  back ; 
or  he  "will  exchange  him  with  pleasure."  I  should 
generally  close  with  the  first  alternative,  for  extra 
costs  will  always  exceed  five  guineas  ;  but  the  second 
is  a  desperate  recourse :  the  exchange  will  to  a  cer- 
tainty be  an  inferior  animal,  and  in  less  than  a  week 
he  must  be  returned  again,  and  all  the  battle  is  to 
fought  once  more.  By  the  time  he  has  tried  every 
horse  in  the  stables,  the  purchaser  will  have  broken 
half  a  dozen  ribs,  be  minus  his  time  and  money  into 
the  bargain,  and  find  that  his  own  legs  must  carry 
him  through  the  summer. 

It  should  always  be  the  subject  of  anxious  inquiry, 
ere  a  hostile  step  be  taken,  whether  the  dealer  is 
worth  powder  and  shot.  Very  few  of  them,  taking 
them  as  a  body,  are  in  solvent  circumstances ;  and 
then  a  verdict  will  prove  an  empty  triumph  indeed. 


IN  SEARCH  OF  A   HORSE. 


181 


This  inquiry  is  easily  made  among  the  parochial 
officers:  they  will  always  say  (on  assigning  a  fair 
reason  for  the  question)  whether  a  man  pays  his 
rates  and  taxes  punctually ;  or  they  will  refer  to  his 
landlord,  who  is  always  well  disposed  to  complain  of 
an  irregular  tenant.  *  But  a  man  should  make  these 
inquiries  for  himself:  they  will  swell  a  solicitor's  bill 
largely  if  left  entirely  to  him. 

Should  the  result  be  unfavorable,  there  is  but  one 
resource — send  the  horse  to  the  hammer  to  take  his 
chance,  and  set  down  the  loss,  as  I  have  too  often 
done,  to  the  debit  of  experience  !  On  the  next  occa- 
,  sion  you  will  be  wise  enough  to  consult  a  veterinary 
surgeon  hefore  you  make  your  purchase  ! 


16* 


CHAPTER    XIL 


If  my  reader  has,  to  his  surprise,  as  it  certainly 
would  be  to  mine,  struggled  successfully  through  all 
the  risk  and  difficulties  explained  in  the  preceding 
pages,  and  at  length  mounted  himself  to  his  entire 
satisfaction,  he  cannot  but  be  anxious  to  know  how 
he  is  to  treat  the  valuable  animal  which  it  has  cost 
him  so  much  trouble  to  procure.  Economy  is  so 
much  involved  in  the  question,  that  my  advice  can 
only  be  given  subject  to  the  control  of  every  man's 
peculiar  circumstances. 

A  man  who  only  keeps  one  saddle-horse  for  his 
pleasure,  and  is  domiciled  in  London,  cannot  do  bet- 
ter than  send  him  to  livery :  he  will  find  it  quite  as 
economical  as  keeping  him  in  his  own  stable,  and  far 
more  convenient.  The  usual  charge  is  a  guinea  per 
week,  where  the  standing  is  of  long  duration ;  and 
very  little   personal   attention   will    secure    liberal 


THE  ADVENTURES  OF  A  GENTLEMAN,  ETC.   183 

treatment.  If  however  he  keeps  two  horses,  he 
will  undoubtedly  find  that  he  can  maintain  them 
both  for  less  than  three-fourths  of  the  charge  of 
sending  them  to  livery,  provided  that  he  has  stabling 
attached  to  his  house,  and  a  man-servant  to  his 
establishment.  In  many  cases,  however,  the  ques- 
tion of  economy  does  not  occur  ;  and  though  gentle- 
men who  keep  their  studs  systematically,  are  not 
likely  to  be  among  my  readers,  yet  if  perchance 
these  pages  should  meet  their  eyes,  they  may  find 
some  useful  hints  as  to  that  very  important,  though 
neglected  point,  the  construction  of  their  stables. 

A  horse,  in  his  educated  state,  is  by  no  means  a 
hardy  animal.  Many,  perhaps  most  of  his  numerous 
diseases,  spring  from  a  neglect  of  those  precautions 
which  are  required  by  the  artificial  character  of  his 
life  :  the  abridgment  of  his  active  days  is  alone  suf- 
ficient proof  of  this.  Many  horses  live  to  twenty  or 
five-and-twenty,  but  not  one  in  a  hundred  is  fit  for 
real  labor  after  thirteen.  That  this  arises  partly 
from  their  being  prematurely  brought  to  work,  is 
certainly  true ;  but  it  is  equally  true  that  this  pre- 
mature exertion  is  as  injurious  indirectly  as  it  is 
directly.     To  prepare  them  for  it,  they  are  brought 


184     THE  ADVENTURES  OF  A  GENTLEMAN 

into  close  and  heated  stables  before  their  constitu- 
tion has  attained  its  maturity,  and,  as  is  the  case 
with  children  reared  by  anxious  parents,  warm  atmo- 
spheres, pampered  appetites,  and  close  confinement, 
cause  premature  debility  and  early  decay. 

It  is  impossible  now  to  change  the  system :  horses 
are  too  expensive  to  maintain,  to  allow  the  breeder 
to  keep  them  out  of  the  market,  when  once  they  can 
yield  a  profitable  return ;  and  therefore  every  horse 
is  trained  to  work  before  he  is  five.  The  only  re- 
medy is,  in  their  subsequent  management,  to  avoid 
errors  that  may  render  them  yet  more  delicate,  and 
on  the  other  hand  to  guard  against  any  carelessness 
that  is  only  innoxious  to  hardy  constitutions. 

Almost  all  stables  are  found  so  built  as  to  be  liable 
to  the  extreme  either  of  warmth  or  cold.  In  the 
country,  the  last  is  the  common  error ;  but  in  Lon- 
don, and  all  large  towns,  the  mistake  is  on  the  other 
side.  The  great  value  of  building-ground  in  towns 
makes  it  unavoidable ;  but  where  there  is  sufficient 
space,  it  is  unintelligible  why  so  little  attention  is 
shown  to  the  construction  of  the  stabling.  Almost 
every  country  stable  opens  directly  to  the  weather, 
so  that  in  all  seasons  there  is  a  constant  current  of 


IN  SEARCH  OP  A  HORSE.  185 

cold  air  poured  in  plentifully  upon  the  cattle,  what- 
ever may  be  their  state.  I  have  noticed  this  fault  in 
some  of  the  best  hunting  stables,  yet  the  remedy  is 
simple  and  obvious :  the  harness-room  should  be 
built  off,  at  the  entrance  of  the  stable,  with  a  passage 
through  it:  ventilation  might  easily  be  secured  by 
gratings  above  the  windows. 

The  same  ill-judged  economy  of  space  leads  to 
another  fault,  equally  mischievous.  The  loft  is  gene- 
rally used  as  the  most  convenient  place  for  the  hay 
cut  for  immediate  supply ;  and  to  make  it  more 
roomy  the  ceiling  of  the  stable  is  very  low.  Thus 
ventilation  is  required  to  an  unusual  degree,  while 
the  proper  place  to  receive  the  ventilator  is  choked 
up.  Even  the  accumulation  of  dirt  and  dust,  con- 
stantly falling  upon  the  horse,  is,  though  a  minor 
evil,  one  of  no  small  magnitude,  and  quite  sufficient 
to  point  out  the  expediency  of  a  different  arrange- 
ment, where  circumstances  permit.  A  stable  should 
be  as  large  and  airy  as  conveniences  will  allow :  it 
should  also  be  perfectly  dry,  and  capable  of  being 
kept  at  a  regular  and  moderate  temperature.  The 
effluvia  of  the  litter  and  manure  are  very  great,  and 
very  injurious  to  the  health  of  the  horse ;  but  no  care 


186     THE  ADVENTURES  OF  A  GENTLEMAN 

of  the  groom  can  entirely  prevent  it,  especially  dur- 
ing the  night,  if  the  stable  is  low  and  confined.  It  is 
well  worth  the  while  of  any  gentleman  who  is  about 
to  build,  to  inspect  the  stables  at  the  Veterinary  Col- 
lege :  he  will  at  once  remark  their  lofty  height  as 
compared  with  others,  and  the  ample  size  of  the 
stalls  and  the  wide  space  between  the  stalls  and  the 
opposite  wall.  Even  the  construction  of  the  stalls  is 
a  matter  of  importance :  the  drain  should  be  in  the 
centre,  and  the  paving  should  be  as  level  as  is  con- 
sistent with  the  drainage.  As  stables  are  usually 
paved,  almost  every  horse  stands  with  his  fore  feet 
in  an  unnatural  position,  almost  resting  on  his  toes : 
the  pain  of  this,  especially  to  a  tired  horse,  must  be 
very  considerable :  and  it  is  very  probable  that  per- 
manent injury  is  often  occasioned  by  it,  both  to  the 
foot  and  the  joint. 

Due  attention  should  be  given  to  the  admission  of 
sufficient  light :  the  eye  is  seriously  affected  by  sud- 
den change  from  darkness  to  light.  Everybody  has 
heard  the  story  of  the  Bastile  prisoner,  struck  per- 
manently blind  by  sudden  restoration  to  the  light  of 
day ;  for  everybody  has  heard  some  juvenile  platform 
orator,  when  asserting  the  natural  right  to  liberty. 


IN  SEARCH  OF  A  HORSE.  187 

entangle  himself  in  this  unlucky  illustration,  till  he 
has  locked  himself  up  too  close  in  the  Bastile  to  find 
his  way  out  again !  But  everybody  does  not  know 
that  after  the  operation  for  the  cataract,  the  great 
anxiety  of  the  surgeon  is  to  exclude  the  light :  the 
patient  being  kept  in  a  dark  room  for  a  week  or  two. 
It  is  precisely  on  the  same  principle  of  abrupt 
change  being  mischievous  to  the  eye,  that  I  condemn 
the  practice  of  leaving  a  stable  in  partial  darkness. 
I  have  frequently  seen  horses  brought  out  of  a  place 
as  dark  as  a  coal-hole,  into  the  sudden  glare  of  the 
sun,  and  give  visible  indications  of  the  pain  and  in- 
convenience of  the  abrupt  transition.  Some  of  the 
stables  at  the  Swan  with  Two  Necks,  Lad  Lane,  are 
under  ground,  and  I  have  occasionally  watched  the 
poor  animals  led  out  into  the  street  on  a  fine  day, 
when  they  have  for  the  first  few  minutes  been  so 
dazzled  as  to  run  against  the  pole  of  a  coach : 
nothing  is  more  likely  to  occasion  chronic  inflamma- 
tion of  the  eye.  It  is  also  difficult,  if  not  impracti- 
cable, to  keep  a  stable  clean,  when  the  light  is  so 
sparingly  admitted ;  at  all  events  it  cannot  be  seen 
whether  this  duty  is  discharged ;  and  I  know  from 
long  experience,  that  the  class  of  people  usually  em- 


188  THE  ADVENTURES  OF  A  GENTLEMAN 

ployed  as  ostlers  and  helpers,  are,  of  all  servants, 
those  who  require  the  most  vigilant  surveillance  on 
the  subject  of  cleanliness. 

These  remarks  are  however  only  partially  useful 
to  the  individual  who  keeps  a  single  horse,  or  only  a 
pair  for  occasional  use.  He  must  take  his  stable  as 
he  finds  it ;  but  even  in  his  case  much  may  be  done 
by  personal  attention,  to  keep  it  in  an  airy,  dry,  and 
comfortable  state.  His  first  duty  should  be  to  insist 
rigorously  on  cleanliness.  Whenever  he  enters  he 
should  notice  whether  everything  is  in  its  proper 
place ;  he  should  allow  of  no  manure  being  piled  up 
in  corners ;  no  dark  receptacles  for  old  brushes,  pots 
of  oil  and  pots  of  porter ;  no  broken  halters  here, 
and  disabled  pitchforks  there.  If  the  smell  is  pun- 
gent and  ofi"ensive,  severe  reproof  should  follow ;  for 
it  is  clear  that  the  manure  has  been  allowed  to  accu- 
mulate, though,  in  expectation  perhaps  of  his  period- 
ical inspection,  the  floor  appears  clean  and  tidy. 
When  the  horse  is  absent  at  his  work,  the  groom 
should  be  required  to  make  a  thorough  lustration ; 
and  where  the  absence  is  expected  to  exceed  the 
night,  the  opportunity  should  be  taken  of  washing 
out  every  part  with  water,  and  scouring  the  rack  and 


IN  SEARCH  OF  A  HORSE.  189 

manger  with  a  scouring  brush.  These  precautions, 
and  opening  the  windows  regularly  when  the  place  is 
empty,  will  materially  tend  to  keep  even  the  smallest 
box  in  a  healthy  state.  It  is  very  important,  how- 
ever, not  to  let  a  stable  become  damp ;  and  this  in- 
convenience is  more  easily  avoided  than  people 
commonly  suppose.  Hunting  or  training  stables 
should  of  course  be  so  constructed  as  to  allow  of 
being  warmed  by  flues  or  pipes  of  steam :  but  where 
these  expensive  resources  are  wanting,  it  is  easy  to 
keep  a  lamp  or  candle  constantly  burning  (always  in 
a  wire  lantern  suspended  from  the  ceiling),  and  this 
will  dry  almost  any  stable  in  four-and-twenty  hours. 
This  precaution  in  a  harness  room  will  often  keep 
harness  from  injury  for  years. 

The  economy  as  well  as  the  cleanliness  of  a  stable 
is  much  promoted  by  due  attention  to  the  litter. 
Idle  grooms  will  frequently  allow  the  litter  to  remain 
from  one  end  of  the  week  to  the  other,  sprinkling 
over  it  a  handful  of  clean  straw  for  the  bed  at  night, 
or  (to  keep  up  appearances)  during  the  day.  Nothing 
is  more  injurious  to  the  horse's  feet  than  thus  con- 
stantly standing  upon  a  hot-bed.  It  makes  the  hoof 
brittle,  dries  up  the  sole  and  destroys  its  elasticity, 
17 


190     THE  ADVENTURES  OE  A  GENTLEMAN 

cankers  the  frog,  and  impedes  the  perspiration  of  the 
legs :  it  is  also  a  common  cause  of  grease  and  swelled 
legs.  If,  on  the  other  hand  the  dung  is  regularly  re- 
moved, and  the  dry  and  clean  straw  carefully  sepa- 
rated every  morning,  and  placed  under  the  manger 
till  wanted,  the  stable  is  free  from  unpleasant  smells, 
apd  about  half  the  quantity  of  clean  straw  will  be 
consumed.  The  quanity  of  straw  allowed  in  cavalry 
barracks  is  very  small,  compared  with  the  average 
consumption  in  private  stables ;  and  yet  it  is  uncom- 
mon to  find  the  litters  dirty,  or  the  stables  unwhole- 
some. Grooms  are  very  jealous  of  reproof  upon 
these  points ;  but  I  have  found  that  systematic  disci- 
pline good-humoredly  enforced  at  the  commencement, 
will  ultimately  maintain  itself  without  much  subse- 
quent trouble :  in  fact,  when  once  accustomed  to  this 
order  and  cleanliness,  the  men  feel  the  comfort  of  it, 
and  continue  it  for  their  own  sakes,  if  not  for  the 
horse's.  Proper  ventilation  is  a  most  important 
point  to  keep  stables  healthy,  even  where  cleanliness 
is  habitually  practised. 

The  first  duty  of  every  morning  is,  of  course,  to 
dress  the  horse :  unless  it  rains,  this  process  should 
never  be  allowed  in  the  stable.     The  horse  should 


IN  SEARCH  OF  A   HORSE.  191 

always  be  led  out  into  the  yard :  a  horse  can  never 
be  properly  cleaned  in  his  stall;  the  dust  settles 
upon  him  again,  and  dirties  the  stable,  the  harness, 
and  everything  else.  Independently  of  this,  it  tends 
to  make  a  horse  vicious  in  his  stall.  Few  horses 
that  are  possessed  of  much  spirit,  like  a  proper 
dressing ;  they  generally  plunge  a  little  while  under- 
going the  operation,  and  in  the  confined  space  of  the 
stall  they  may  seriously  injure  themselves,  even  if 
the  groom  is  dexterous  enough  to  escape.  It  also 
makes  them  restless  and  suspicious  of  approach  in 
the  stable,  and  it  is  undoubtedly  the  first  cause  of 
crib-biting.  If  a  horse  appears  to  sufi'er  very  consid- 
erably under  the  curry-comb,  it  should  be  examined, 
to  see  if  the  teeth  are  not  too  sharp,  and  of  course, 
if  found  to  be  so,  they  should  be  filed  down  or  an  old 
comb  substituted.  Some  horses  are  more  tender  in 
their  skin  than  others ;  this  is  soon  perceived,  if  they 
will  not  submit  even  to  an  old  worn-out  comb ;  in 
this  case  the  patent  brush,  with  uneven  bristles, 
should  only  be  used.  Nothing  contributes  so  much 
to  the  comfort  and  health  of  a  horse  as  regular  and 
thorough  grooming.  I  believe  that  they  are  very 
liable  to  be   infested   with   a   species   of  lice;    but 


192     THE  ADVENTURES  OF  A  GENTLEMAN 

whether  this  is  so  or  not,  the  beneficial  effect  of  good 
rubbing  down  is  soon  visible  in  the  general  vivacity 
and  appearance  of  the  horse.  Grooms  are  naturally 
averse  to  more  of  this  trouble  than  they  can  avoid ; 
but,  without  standing  over  them,  it  is  easy  to  dis- 
cover if  they  have  done  their  duty,  by  drawing  the 
hand,  or  a  white  handkerchief,  over  the  horse's 
back  ;  if  a  quantity  of  dust  found,  it  should  be  a 
matter  of  severe  rebuke. 

An  essential  part  of  grooming  is  to  rub  down  the 
legs,  especially  the  back  sinews,  with  the  hands. 
You  may  at  once  detect  an  idle  or  inexperienced 
groom  by  the  way  in  which  he  sets  about  this  part  of 
his  business  ;  he  will  stoop  down,  or  at  most  kneel 
on  one  knee,  and  pass  the  hand  half  a  score  of  times 
over  each  leg,  and  then  rise  in  stupid  admiration  of 
his  own  industry !  An  old  hand,  on  the  contrary, 
fairly  seats  himself  on  the  litter,  and  sets  about  it  in 
good  earnest,  as  a  very  laborious,  but  at  the  same 
time  very  important  operation ;  nor  will  he  leave 
a  leg  till  he  has  devoted  at  least  ten  minutes  to  its 
service. 

I  never  fully  appreciated  the  importance  of  hand- 
rubbing  to  the  legs,  till  I  happened  one  day  to  be 


IN   SEARCH  OF  A   HORSE.  193 

conversing  with  a  man  who  had  been  sent  out  to 
India,  in  charge  of  some  valuable  horses.  I  asked 
him  how  he  contrived  to  give  them  exercise  on 
board,  or  what  substitute  he  found  for  it.  He  in- 
formed me  that  he  had  a  helper  for  every  three 
horses.  The  animals  were  partially  suspended  in 
slings  all  the  voyage,  so  as  to  remove  as  much 
weight  as  possible  from  the  limbs ;  and  in  this  posi- 
tion, it  was  the  principal  duty  of  the  helpers  to  rub 
down  the  legs  of  each  horse  with  the  hand,  for  two 
hours  every  day.  He  added  that  the  effect  of  this 
treatment  was  such,  that  they  arrived  with  legs  as 
clean  as  if  they  had  enjoyed  daily  exercise,  and 
were  fit  for  work  within  ten  days  after  their  arrival. 
A  good  hand-rubber  cannot  be  essentially  a  bad 
groom. 

Whenever  it  is  necessary  to  wash  a  horse's  legs, 
it  is  best  to  do  it  in  the  morning.  Most  grooms  act 
on  a  different  principle,  and  wash  them  the  moment 
they  come  in.  I  am  satisfied  that  this  is  a  bad  prac- 
tice. When  the  roads  are  very  dirty,  and  the  wea- 
ther very  wet,  the  legs  being  thoroughly  soaked 
already,  a  washing  can  do  no  more  harm  :  but  to 
deluge  the  legs  with  water,  the  moment  a  horse 
17* 


194     THE  ADVENTURES  OF  A  GENTLEMAN 

enters  the  yard,  heated  with  exercise,  is  to  my  mind 
as  unnatural  and  absurd,  as  to  jump  into  a  shower 
bath,  after  playing  an  hour  at  cricket.  If  one  could 
be  assured  that  the  legs  were  carefully  rubbed  after- 
wards till  dry,  so  as  not  to  leave  a  drop  of  moisture 
behind,  though  I  should  still  think  the  habit  inju- 
rious, it  would  be  less  objectionable ;  but  the  hour  of 
the  day  when  the  horse  returns,  is  usually  that  at 
which  the  groom  begins  to  feel  fatigue,  and  there- 
fore it  is  unreasonable  to  calculate  upon  this  extraor- 
dinary labor ;  and  even  if  it  were  given,  three  legs 
must  remain  wet  while  one  is  rubbed  dry ;  the  rapid 
evaporation  would  make  them  cold  and  chilly,  and 
effectually  destroy  the  animal's  comfort  for  the  next 
six  hours.  My  plan  is  to  have  the  legs  carefully 
rubbed  down  with  straw,  and  then  brushed  with  a 
dry  brush,  to  remove  as  much  dirt  as  possible :  after 
this,  a  good  hand-rubbing  should  follow,  and  the 
next  morning,  when  the  horse  is  cool,  they  may  be 
v/ashed  as  clean  as  soap  and  water  can  make  them. 
The  feet,  however,  should  be  carefully  picked  out, 
and  the  soles  washed  immediately  a  horse  leaves  the 
road.  A  blockhead  once  left  my  horse  standing 
with  a  stone  in  his  shoe  all  night,  and  the  next  morn- 


IN  SEARCH  OF  A   HORSE.  195 

ing  came  with  a  long  face  to  tell  me  that  the  animal 
was  lame !  but  he  never  mentioned  the  cause, 
nor  should  I  have  discovered  it,  had  not  the  same 
stupidity  left  the  stone  and  the  picker  lying  in  the 
litter. 

The  clothing  of  the  horse  must  depend  upon 
habit ;  if  he  has  always  been  accustomed  to  heavy 
cloths,  they  must  be  continued ;  but  my  own  prac- 
tice has  been,  to  limit  them  to  a  light  rug,  except  in 
the  severity  of  winter,  and  then  I  allow  them  two. 
It  is  customary,  when  a  horse  comes  in,  to  cover  him 
with  his  cloth  long  before  he  is  cool.  I  do  not  con- 
demn this  habit  if  the  roller  is  not  put  on ;  if  it  is, 
the  horse  will  not  be  cool  for  some  hours.  It  is 
scarcely  to  be  expected  that  a  groom  will  go  on  with 
the  dressing  till  the  hair  is  perfectly  dry :  and  espe- 
cially if  the  coat  is  very  thick.  It  is  a  work  of  at 
least  two  hours  to  rub  a  horse  dry  after  a  long  sweat. 
After  half  an  hour  of  fair  rubbing,  let  the  cloths  be 
put  on  ;  in  a  very  short  time  the  horse  will  "  break 
out"  again,  and  then  he  should  receive  a  second 
rubbing ;  he  may  after  this  be  covered  with  a  differ- 
ent cloth,  (the  first  will  have  become  damp,)  and  may 
be  left  to  himself  with  safety. 


196     THE  ADVENTUKES  OF  A  GENTLEMAN 

A  custom  of  clipping  horses  has  sprung  up  within 
the  last  five  years.  It  certainly  appears,  at  first 
sight,  a  barbarous  system,  thus  to  deprive  a  horse  of 
the  warm  covering  that  nature  has  given  him,  and  it 
was  long  before  I  was  reconciled  to  it ;  but  I  must 
acknowledge  that  I  have  found  it  beneficial,  so  far  as 
my  experience  has  gone.  The  animal  becomes  ra- 
pidly dry  after  a  quarter  of  an  hour's  dressing,  and 
will  begin  to  feed  immediately ;  while  the  undipped 
horse,  even  with  the  best  grooming,  will  sometimes 
remain  wet  for  the  whole  night,  and  feed  with  com- 
parative reluctance.  The  best  proof  of  its  utility  is, 
that  most  horses  are  improved  in  condition  by  it. 
It  must  not  be  forgotten  that  the  whole  life  and 
state  of  the  animal  are  essentially  changed  from 
their  natural  order ;  and  therefore,  a  treatment  which 
may  appear  very  contrary  to  the  provisions  of  na- 
ture, may  nevertheless,  be  suited  to  his  artificial  ex- 
istence. When  a  horse  is  first  turned  out  to  grass, 
he  will  gallop  about  the  field  for  a  long  time  toge- 
ther, and  will  appear  to  take  violent  exercise  ;  but 
on  close  observation  it  will  be  found  that  he  never 
indulges  in  his  gambols  till  he  sweats.  His  coat  is 
always  dry,   and  of  course  contributes  to  warmth; 


IN  SEARCH  OF  A  HORSE.  197 

when,  however,  he  is  at  work,  a  profuse  perspiration 
is  generally  brought  on ;  more  or  less,  certainly,  in 
proportion  to  the  vigor  or  debility  of  the  animal ; 
but  still  he  always  sweats.  Let  it  be  borne  in  mind 
how  evaporation  conduces  to  cold :  a  fact  easily 
proved  by  any  body  who  will  pass  a  wet  towel  over 
his  own  face,  and  then  stand  at  an  open  window. 
This  easy  experiment  will  enable  him  to  judge  of  the 
chilly  and  uncomfortable  feeling  of  a  horse  standing, 
perhaps  in  a  draught  of  air,  while  his  hide  is  thor- 
oughly wet  from  perspiration.  Great  care  should 
of  course  be  taken,  in  the  clothing  of  a  clipped 
horse.  It  is  a  very  judicious  practice,  to  bandage 
the  legs  in  flannel  rollers,  especially  after  seveue 
work.  They  should  be  applied  with  an  even,  and 
rather  a  tight  pressure  to  the  limb,  from  the  pastern 
to  the  knee. 

The  daily  exercise  is  a  point  to  which  the  owner's 
attention  should  be  constantly  directed.  Where  the 
horse's  stated  labor  is  sufficient,  so  much  the  better ; 
but  if  the  work  is  irregular,  a  horse  ought  never  to 
have  less  than  a  fair  hour  of  moderate  exercise  every 
morning.  No  horse  will  thrive  without  it.  There  is 
no  necessity  for  sweating  him,   unless  he  is  wanted 


198     THE  ADVENTURES  OF  A  GENTLEMAN 

for  the  field  :  but  still  he  should  be  put  through  all 
his  paces.  The  effect  of  exercise  is  not  merely  to 
prevent  swelled  legs  and  tender  feet,  but  to  insure 
his  ability  to  work  when  required.  A  man  may 
judge  of  this  by  his  own  experience.  If  he  is  fond 
of  shooting,  he  must  have  often  found  that  for  the 
first  week  in  September  he  returns  home  weary  and 
exhausted,  fitter  for  his  bed  than  his  dinner:  the 
second  and  third  week  he  recovers  his  powers,  and 
can  converse  all  the  evening,  though  he  may  have 
followed  his  game  with  ardour  all  the  day.  A  post- 
horse,  or  a  machiner,  will  often  eclipse  the  per- 
formances of  the  best-fed  horse  in  a  dealer's  stables. 
I  recollect,  at  the  age  of  sixteen,  riding  a  post-horse 
nearly  as  old  as  myself,  above  sixty  miles  in  less 
than  nine  hours,  and  he  came  in  almost  as  fresh  as 
when  he  started.  I  felt  ashamed  of  being  seen  on 
the  back  of  such  a  lath-like,  worn  out,  famished  hack ; 
but  it  was  a  case  of  necessity,  and  I  had  no  alterna- 
tive. When  he  brought  me  home  so  gaily,  I  felt  as 
proud  of  him  as  I  was  before  ashamed ;  and  I  will 
answer  for  it,  that  not  one  in  twenty  of  the  high-fed 
cattle  of  our  London  stables  would  have  done  half 
the  work,  simply  for  this  reason — that  they  want 
that  vigor  which  exercise  alone  can  impart. 


IN  SEARCH  OF  A  HORSE.  199 

A  very  important  duty  of  the  groom  is  stopping 
the  feet  at  night;  it  is  not  necessary  to  do  this  every 
evening,  but  every  alternate  evening  it  is  desirable. 
A  mixture  of  clay  and  cow-dung  is  the  usual  and  the 
best  stopping ;  the  effect  of  it  is  to  keep  the  feet 
cool,  and  the  horny  substance  of  the  sole  and  frog 
moist  and  elastic.  Any  man  who  doubts  this,  can 
easily  satisfy  himself  by  leaving  one  foot  open  for  a 
week  or  ten  days,  and  stopping  the  other;  he  will  at 
the  end  of  that  time,  perceive  a  sensible  difference 
between  them.  Where  the  crust  of  the  hoof  is  natu- 
rally dry  and  brittle,  it  should  be  dressed  externally 
with  tar,  especially  in  hot  weather. 

I  have  for  many  years,  at  the  suggestion  of  Mr. 
Sewell,  adopted  the  plan  of  shoeing  my  horses  with 
leather.  I  am  not  prepared  to  say  that  in  all  cases 
it  will  answer,  though  I  have  never  found  an  in- 
stance in  which  it  has  proved  injurious.  It  not  only 
supersedes  the  necessity  of  stopping,  but  it  protects 
the  feet  from  bruises,  and  picking  up  stones  ;  it  also 
has  another  advantage,  which  I  conceive  to  be  very 
great.  It  enables  the  frog  to  sustain  the  pressure 
on  the  foot  without  the  least  risk  of  injury,  and 
spares  the  leg  the  violence  of  the  jar,  always  occa- 


200     THE  ADVENTURES  OF  A  GENTLEMAN 

sioned  by  rapid  action.  If  a  man  stamps  on  the 
pavement  with  an  iron-heeled  boot,  a  considerable 
jar  will  be  felt,  producing  an  unpleasant  sensation  in 
the  whole  limb ;  and  this  too,  notwithstanding  the 
thick  layers  of  leather  of  which  the  heels  of  our 
boots  are  composed :  if,  however,  he  places  a  piece 
of  leather  on  the  pavement,  he  may  stamp  with  all 
his  power,  and  no  such  sensation  will  be  perceived. 
To  a  certain  extent  the  same  relief  is  given,  by  in- 
terposing a  thick  plate  of  leather  between  the  hoof 
and  the  shoe  of  the  horse.  How  far  this  illustration 
may  be  found  satisfactory,  I  know  not ;  but  the  fact 
is  undoubtedly  true,  so  far  as  my  experience  has 
gone,  that  my  horses  have  never  become  "groggy" 
when  shod  with  leather,  though  I  have  never  been 
particularly  sparing  of  work. 

The  diet  of  horses  is  generally  so  regular  and  uni- 
form, that  all  comment  upon  it  seems  superfluous. 
So  many  feeds  of  oats,  a  given  quantity  of  water, 
and  a  rack  of  hay  morning  and  evening,  are  the 
stated  allowance  in  every  stable.  It  is  not,  however, 
quite  a  matter  of  course  to  be  left  to  the  discretion 
of  the  groom.  I  very  much  fear  that  no  rules  which 
can  be  given,  will  effectually  preclude  the  waste  and 


IN   SEARCH  OF  A   HOPwSE.  201 

pilfering  of  the  master's  oats  ;  yet  even  on  this  point 
a  little  personal  attention  will  prove  a  better  secu- 
rity than  is  commonly  supposed.  It  is  necessary  to 
ascertain  in  the  first  instance  whether  the  horse  is  a 
good  feeder  or  not ;  and  this  is  easily  done  by  ob- 
serving him  two  or  three  times ;  if  he  does  not  feed 
well,  he  will  not  consume  more  than  three  feeds 
a-day,  and  this  will  enable  us,  by  a  little  calculation, 
to  judge  whether  the  corn  bill  is  larger  than  neces- 
sary :  if  he  feeds  well,  four  feeds  is  a  fair  allowance  ; 
but  I  am  sorry  to  say,  that  in  far  the  larger  number 
of  livery  stables,  the  bait  during  the  day  must  be 
reckoned  for  nothing.  The  corn  should  be  given  as 
nearly  as  possible  at  regular  intervals,  and  never 
more  than  a  quartern  at  a  time.  Horses  will  often 
eat  up  a  double  feed  with  apparent  appetite,  but 
they  rarely  digest  it :  the  oats  should  be  old,  clean, 
and  above  all,  free  from  any  musty  smell.  It  is  not 
easy  to  an  unpractised  eye  to  judge  of  their  quality 
by  a  single  sample ;  but  by  comparison  of  different 
samples  in  the  chandler's  shop,  the  appearance  of 
good  oats  soon  becomes  familiar. 

It  will  save  a  considerable  waste  to  have  the  oats 
bruised  in  a  mill :  the  cost  of  one  is  only  five  or  six 
18 


202     THE  ADVENTURES  OF  A  GENTLEMAN 

pounds ;  the  trouble  of  it  nothing.  I  was  never 
aware  of  the  quantity  of  dirt  and  impurities  to  be 
found  even  in  clean  oats,  till  a  friend  recently  show- 
ed me  the  siftings  of  his  bruising  mill ;  such  rubbish 
in  the  stomach  of  a  horse  cannot  but  be  most  inju- 
rious ;  the  principal  object,  however,  in  bruising  the 
corn,  is  to  assist  the  mastication,  and  of  course, 
the  digestion.  The  oats  frequently  pass  through  the 
stomach  and  bowels,  without  being  broken,  especially 
in  horses  that  are  fast  feeders ;  I  think  it  is  no  ex- 
aggeration to  say,  that  three  feeds  of  bruised  oats 
will  convey  as  much  nutriment  to  the  animal,  as  four 
that  are  not  bruised.  In  the  country  and  in  large 
posting  establishments,  where  the  labor  of  the  mill 
would  be  inconvenient,  the  same  end  is  gained  by 
mixing  the  oats  with  chaff.  It  becomes  impossible 
for  the  horse  to  bolt  his  food  when  thus  mixed, 
and  the  mastication  being  slower,  is  more  com- 
plete. Where  chaff  is  required  in  large  quantities, 
I  can  suggest  an  ingenious  method  of  cutting  it, 
practised  by  an  intelligent  friend  of  mine,  Mr. 
Cleeve,  formerly  the  proprietor  of  one  of  the  princi- 
pal dairies  in  London.  He  has  constructed  a  tread- 
mill to  work  the  chaff  cutter  ;  it  consists  simply  of 
two  old  gig-wheels,  to  the  fellies  of  which  steps  are 


IN   SEARCH  OF  A  HORSE.  203 

nailed,  and  by  aid  of  an  iron  crank  attached  to  the 
axle,  the  machine  is  easily  and  rapidly  Avorked,  at 
one  third  the  expense  of  manual  labor,  and  in  less 
than  one  third  of  the  time.  He  used  to  keep  several 
hundred  cows  and  horses,  and  of  course  consumed 
large  quantities  of  chaff:  he  told  me  that  the  whole 
cost  of  erecting  it  did  not  exceed  ten  pounds.  Mr. 
Cleeve  farms  on  a  very  extensive  scale,  and  he  in- 
forms me  that  he  has  used  a  similar  mill  very  advan- 
tageously in  threshing  his  corn.  He  applied  it  to 
this  purpose  in  the  first  instance,  as  a  convenient 
resource  for  paupers  who  complained  of  want  of 
work !  It  cured  all  complaints,  but  latterly  the 
laborers  have  rather  fancied  the  occupation. 

To  return  from  this  digression.  Beans  or  pease 
are  often  given  with  the  oats,  and  when  a  horse  is 
travelling,  or  engaged  in  severe  labor,  this  is  judi- 
cious ;  some  horses,  indeed,  w^hen  accustomed  to 
them,  will  refuse  their  oats  without  them.  Whenever 
they  are  given  they  ought  to  be  split :  old  horses 
often  cannot  masticate  them,  and  young  horses, 
when  hungry,  will  not  take  the  trouble.  One  or  two 
handsful  in  a  quartern  of  oats  are  quite  sufficient. 
With  this  allowance  of  corn  I  should  never  fill  the 


204     THE  ADVENTURES  OF  A  GENTLEMAN 

rack  above  once  in  four-and-twentj  hours  ;  twelve 
pounds  of  hay  per  diem  is  a  fair  allowance.  A  gen- 
tleman, distinguished  for  his  practical  knowledge  of 
farming  in  all  its  branches,  but  who  will  not  allow 
me  to  mention  his  name,  has  recommended  me  to 
give  my  horses  daily,  half  a  peck  of  the  first  year's 
shoots  of  French  furze,  well  bruised ;  he  commends 
it  as  highly  improving  to  the  coat,  and  generally 
favorable  to  the  condition  of  the  animal.  I  have 
never  tried  it,  but  I  have  such  implicit  confidence  in 
the  judgment  of  my  friend,  that  I  have  no  hesitation 
in  advising  a  trial.  If  I  were  at  liberty  to  mention 
his  name,  it  would  carry  far  greater  weight  than  my 
opinion. 

A  horse  is  usually  stinted  in  his  water,  except  at 
night ;  on  what  principle  I  cannot  discover.  Imme- 
diately before  violent  exercise,  much  water  is  inju- 
rious :  but  a  horse  will  only  drink  to  excess,  when 
he  has  been  long  deprived  of  water ;  if  he  is  allowed 
to  take  it  frequently,  he  will  not  indulge  himself  in 
large  quantities :  grooms  and  ostlers  always  seem  to 
forget  that  his  sobriety  far  exceeds  their  own.  It  is 
best  to  choose  water  that  has  not  been  recently 
drawn  from  the  well,  for  in  summer  time  its  temper- 


IN   SEARCH  OF  A   HORSE.  205 

ature  is  very  cold.  When  a  horse  refuses  his  food  in 
travelling,  the  day's  journey  should  cease,  and  it  will 
be  well  to  mingle  meal  with  his  water,  and  give  it 
him  slightly  warm.  This  will  often  restore  him  to 
his  appetite,  and  enable  him  to  resume  his  work  the 
next  morning  without  difficulty.  He  should  never 
be  urged  to  go  more  than  twenty  miles  without  a 
bait.  I  generally  stop  for  half  an  hour  or  forty 
minutes  every  fifteen  miles,  and  never  found  that  I 
lost  time  by  doing  so.  I  have  picked  up  many  a 
useful  hint  in  the  management  of  a  horse  on  the 
road  from  commercial  travellers  ;  some  of  them  are 
worth  mentioning  to  those  w^ho,  like  myself,  cannot 
always  afford  the  luxury  of  a  servant  upon  a  long 
journey.  They  may  seem  common-place  to  many 
who  are  familiar  with  the  subject,  but  I  write  ex- 
pressly for  readers  of  the  opposite  description,  and 
they  will  thank  me  for  such  details. 

Even  the  relief  found  by  both  horse  and  rider  in 
occasionally  dismounting  at  long  hills,  whether  in 
ascending  or  descending  them,  seems  forgotten  by 
gentlemen  travellers.  Yet,  when  the  journey  is  long 
to  trot  a  tired  horse  up  hill  is  cruelty,  and  sometimes 
occasions  him  to  throw  a  curb :  to  ride  rapidly  down 
18* 


206     THE  ADVENTURES  OF  A  GENTLEMAN 

hill,  shakes  his  fore  legs,  and  not  unfrequently  throws 
the  rider.  As  then  the  walk  is  indispensable,  and 
no  time  is  lost,  the  weight  may  as  well  be  removed 
by  dismounting. 

Another  of  my  travelling  rules  is  to  give  my  horse 
his  water  at  some  pond  on  the  roadside,  a  mile  or  two 
before  I  stop  to  bait  him.  The  subsequent  exercise 
prevents  its  being  injurious  to  him  in  suddenly  check- 
ing perspiration  ;  while  by  deferring  it,  as  is  usually 
done,  till  he  has  been  dressed,  he  is  kept  suffering 
from  thirst  for  an  hour  or  two,  and  of  course  refuses 
his  corn.  It  so  rarely  happens  that  gentlemen  try 
their  own  powers  by  long-continued  and  severe  exer- 
tion, that  they  are  not  very  capable  of  appreci- 
ating the  suffering  occasioned  by  real  thirst.  When 
I  was  many  years  younger,  it  was  no  uncommon  oc- 
currence to  me  to  walk  forty  or  fifty  miles  in  a  day ; 
sometimes  even  sixty.  The  relief  afforded  on  such 
arduous  amusement,  by  an  occasional  glass  of  ale,  is 
unspeakably  great,  and  I  judge  of  my  horse  by 
myself:  but  I  regulate  him  by  the  same. rules, — I 
allow  him  frequent  sips,  but  never  indulge  him  in 
ample  potations  till  night. 

It  is  yet  more  important  to  superintend  both  his 


IN  SEARCH  OF  A  HORSE.  207 

dressing  and  feeding,  when  he  arrives  at  an  inn.  I 
never  trust  this  to  an  ostler,  nor  even  to  my  own 
servant.  I  stand  by,  and  watch  the  whole  ceremony. 
Good  policy  as  well  as  humanity  dictates  this  precau- 
tion ;  for  of  all  the  annoyances  to  which  a  traveller 
is  subject,  none  is  more  intolerable  than  to  find 
his  horse  disabled,  probably  by  a  chill  (as  it  is  tech- 
nically called)  at  a  dull  country  inn.  Three  days' 
penance,  gaping  at  a  well-thumbed,  greasy,  provin- 
cial newspaper,  threading  the  dirty,  smoky  passages 
from  the  coffee-room  to  the  stable  and  back,  in  fever- 
ish impatience  for  the  hourly  bulletin ;  prosing  con- 
sultations on  drenches,  balls,  and  diuretics,  with  the 
village  cow-leech ;  muzzing  over  a  gloomy  fire,  amidst 
fumes  of  stale  tobacco,  or  the  unsavory  nose-bag  of  a 
farmer's  ordinary  on  market  day ;  fumbling  the 
fingers  in  the  breeches  pockets,  in  sad  anticipation  of 
landlord's  farrier's  and  ostler's  fees  absorbing  all 
their  contents : — such  are  a  few  of  the  miseries,  all 
of  which  might  have  been  saved  by  a  little  self-denial 
in  postponing  your  own  dinner  to  your  horse's,  and 
in  attending  to  his  animal  comforts  in  preference  to 
yourself. 

It  is  not  enough  to  order  the  corn,  or  even  to  ex- 
amine its  quality,  and  see   it  given ;    the  traveller 


208     THE  ADVENTURES  OF  A  GENTLEMAN 

must  see  it  eaten.  Even  where  ostlers  are  honest, 
their  guests  are  often  knaves.  Before  I  was  duly- 
sensible  of  the  value  of  these  precautions,  I  one  day 
noticed  that  my  horse  had  made  very  rapid  work 
with  his  feed.  I  had  seen  the  oats  put  into  his 
manger,  and  had  been  engaged  about  five  or  ten 
minutes  in  conversation  with  the  ostler  in  the  yard. 
I  knew  that  the  animal  required,  at  the  least,  five- 
and-twenty  minutes  to  finish  his  corn,  when  mixed 
with  chafi",  yet  on  returning  to  his  manger  I  found  it 
all  gone.  I  told  the  ostler  my  suspicions,  and  he 
was  not  less  anxious  than  myself  to  detect  the  culprit. 
I  ordered  him  to  bring  another  feed,  and  a  handful  of 
nettles :  I  also  bought  a  little  cow-itch  at  a  druggists' 
shop  in  the  town.  We  put  the  whole  unobserved  into 
the  manger,  and  tied  the  halter  to  the  rack  to  pre- 
vent the  horse  from  reaching  the  oats.  "VVe  then 
retired,  and  the  trap  succeeded.  A  gentleman's  ser- 
vant was  attending  a  pair  of  carriage  horses  in  the 
same  stable.  In  less  than  ten  minutes  the  rascal 
came  out  swearing  in  no  measured  terms  at  the 
"  cockney  fool  that  fed  his  horse  with  nettles,"  and 
rubbing  his  hands  with  a  grin  of  horror  mixed  with 
pain,  that  gave  me  infinite  satisfaction.  I  immedi- 
ately tendered  him  the  kindest  advice  ;   "a  mixture 


IN  SEARCH  OF  A  HORSE.  209 

of  nettles  and  cow-itch  was  the  finest  diet  in  the 
world  for  a  coach-horse  on  a  journey  !"  When  I 
mentioned  the  cow-itch  I  thought  the  fellow  would 
have  gone  mad,  and  not  without  reason  ;  some  of  the 
spicula  had  attached  themselves  to  the  cufif  of  his 
coat,  and  I  doubt  not  they  tickled  him  to  some 
purpose  for  a  week  after  ! 

I  have  already  observed  on  the  expediency  of 
giving  a  horse  that  shows  symptoms  of  distress,  a 
gruel  drink ;  but  sometimes  these  symptoms  are  too 
severe  not  to  require  further  aid.  This  is  almost  the 
only  case  in  which  cordials  can  be  administered  with 
advantage  :  where  a  horse  exhibits  signs  of  being 
"  done  up,"  completely  exhausted  by  severe  exertion, 
I  should  not  hesitate  (though  I  believe  it  is  contrary 
to  the  opinion  of  many  experienced  judges,)  to  give 
him  a  bottle  of  good  sherry  :  but  this  certainly  would 
be  wrong,  after  any  of  the  inflammatory  symptoms  of 
a  chill  have  shown  themselves.  In  that  case  prompt 
and  free  bleeding  only  can  save  the  horse,  and  any 
cordial  is  decidedly  injurious.  The  state  of  the  pulse 
will  usually  indicate  the  existence  of  inflammatory 
action.  It  is  necessary  to  inform  the  inexperienced 
that  the  only  place  where  the  pulse  can  be  felt  to 
advantage,  so  as  to  discriminate  the  sensation  with 


210   THE  ADVENTURES  OF  A  GENTLEMAN,  ETC. 

accuracy,  is  under  the  jaw,  where  the  sub-maxillary 
artery  can  be  pressed  against  the  bone.  As  the 
position  of  this  artery  is  only  known  with  certainty 
by  the  anatomist,  it  may  guide  the  touch  to  direct  the 
finger  along  the  inside  jaw,  a  little  above  the  edge 
where  it  begins  to  decline  downwards,  gently  press- 
ing it  against  the  jaw  till  the  pulsation  is  felt.  By 
doing  this  two  or  three  times,  any  man  will  soon  dis- 
cover the  exact  spot  where  he  should  feel  for  the  pul- 
sation. In  a  healthy  horse,  the  intervals  should  be 
about  40  or  45  per  minute.  When  it  exceeds  this 
by  ten  or  twelve  pulsations,  the  horse  is  not  well ; 
but  the  circulation  may  be  momentarily  accelerated 
even  to  that  extent,  by  sudden  alarm  ;  it  is  there- 
fore expedient  to  approach  the  horse  quietly,  and  to 
caress  him  for  a  minute  or  two  at  first,  if  he  shrinks 
from  approach.  If  the  pulse  exceeds  sixty,  prompt 
and  scientific  attention  is  indispensably  required. 


CHAPTER    XIII. 


These  general  rules  for  the  treatment  of  a  sound 
or  weary  horse  are  of  easy  application  ;  they  require 
nothing  more  than  a  little  attention  from  any  man 
of  common  sense.  It  is  not  so  easy  to  advise  an  un- 
skilful man  how  to  treat  an  unsound  horse,  and  yet 
there  are  general  suggestions  that  may  deserve  atten- 
tion even  on  this  head,  if  he  is  so  circumstanced  as 
not  to  have  easy  access  to  an  intelligent  farrier.  In 
London,  every  man  who  keeps  a  horse  habitually, 
should  subscribe  to  the  Veterinary  College ;  for  the 
trifling  fee  of  two  guineas  annually,  he  is  assured  of 
having  a  sick  or  disabled  horse  treated  with  all  the 
skill  of  which  the  present  state  of  veterinary  science 
admits ;  and  he  is  equally  certain  that  disease  will 
not  be  prolonged  to  swell  the  length  of  a  farrier's 
bill.  Indeed  the  first  point  which  ought  to  be  con- 
sidered, is  generally  the  last  that  ordinary  farriers 


212     THE  ADVENTURES  OP  A  GENTLEMAN 

ever  suggest  to  a  customer — whether  the  horse  is  of 
sufficient  value  to  be  worth  the  expense  of  a  cure. 
I  have  myself  before  now  paid  fifteen  pounds  for  the 
cure  of  a  horse  that  never  was  worth  ten  ;  but  I  never 
committed  the  fault  a  second  time.  I  offered  the 
man  the  horse  in  discharge  of  his  bill,  but  he  laughed 
in  my  face  at  my  simplicity. 

It  often  happens,  however,  that  no  farrier  is  at 
hand,  at  least  none  that  knows  more  of  his  business 
than  the  horse  itself.  In  such  cases,  all  that  can  be 
done  is  to  observe  some  obvious  principles,  which  at 
all  events  can  do  but  little  harm.  If  the  horse  be- 
trays great  pain,  and  especially  a  difficulty  of  breath- 
ing, copious  bleeding  should  be  resorted  to  without 
delay,  and  it  is  far  better  to  bleed  once  very  freely, 
than  several  times  at  intervals.  Inflammatory  action 
is  often  arrested  by  bleeding  largely  in  the  first  in- 
stance ;  and  when  once  arrested,  all  the  distressing 
symptoms  are  speedily  relieved  ;  but  so  rapid  is  the 
secretion  of  the  blood,  especially  in  inflammatory 
disease,  that  four  or  five  times  the  quantity  ab- 
stracted, if  taken  away  in  several  successive  opera- 
tions, will  produce  little  or  no  effect  compared  with 
the  loss  of  four  or  five  quarts  at  one  time.     It  may 


IN  SEARCH  OF  A  HORSE.  213 

safely  be  assumed,  that  wherever  acute  pain  is  indi- 
cated, inflammation  obtains :  and  as  the  symptoms  of 
pain  are  very  unequivocal  in  a  horse,  an  easy  guide 
is  thus  given  as  to  the  necessity  of  bleeding. 

If  febrile  symptoms  appear,  the  same  step  may  be 
taken,  but  not  to  the  same  extent.  The  symptoms 
of  fever  are  not  characteristic  of  pain,  though  the 
breathing  is  often  affected.  In  a  febrile  affection, 
the  horse  is  languid,  his  coat  loses  its  even,  glossy 
appearance,  and  becomes  what  the  grooms  call 
"staring;"  the  legs  and  feet  are  cold,  and  the  ap- 
petite is  gone ;  the  bowels  are  usually  confined,  and 
the  general  look  of  the  horse  is  rather  what  one 
would  describe  as  miserable,  than  restless  and  uneasy. 
In  such  cases  I  should  recommend  frequent,  but  not 
copious  bleeding,  and  the  bowels  should  be  opened  by 
purgative  medicine  :  two  drachms  of  aloes  is  a  suffi- 
cient dose,  to  be  repeated  every  ten  or  twelve 
hours,  and  if  they  fail  to  operate,  a  clyster  would 
probably  prove  of  service  :  the  stable  should  be  cool, 
and  the  horse  kept  warm  by  extra  clothing.  His 
legs  should  be  well  rubbed,  and  bandaged  with  flan- 
nel rollers. 

Whenever  the  severe  symptoms,  whether  of  in- 
19 


214     THE  ADVENTURES  OF  A  GENTLEMAN 

flammation  or  fever,  are  subdued,  anxious  attention 
should  be  given  to  the  horse's  diet.  Gruel  and  bran 
mashes  will  keep  the  bowels  slightly  relaxed,  and 
should  be  continued  till  he  shows  signs  of  returning 
appetite  ;  but  some  time  should  be  suffered  to  elapse 
before  he  is  indulged  with  his  usual  food. 

It  is  no  uncommon  thing  for  the  owner  to  abandon 
the  case  as  hopeless,  when  he  sees  his  horse  sponta- 
neously lying  down.  I  believe  this  to  be  a  great 
mistake :  a  horse,  in  great  pain,  will  lie  down  and 
roll  himself  about;  but  I  have  often -heard  it  re- 
marked by  very  experienced  men,  that,  unless  to  re- 
lieve himself,  where  the  legs  or  feet  are  injured,  a 
horse  that  is  ill  will  continue  standing  as  long  as  his 
strength  will  permit;  it  is  considered  a  favorable 
sign  if  he  lies  down  on  the  litter,  without  being  com- 
pelled by  actual  debility ;  and  it  follows  of  course, 
that  instead  of  relaxing  exertion,  all  the  remedies 
should  be  pursued  more  actively  to  save  him. 

In  cases  of  recent  local  injury,  fomentations,  poul- 
tices, and  local  bleeding,  are  generally  serviceable ; 
this  is  particularly  the  case  in  strains  of  the  back 
sinews  or  accidents  to  the  foot.  It  is  very  important 
in  such  cases  to  watch  closely  the  operations  of  the 


IN   SEARCH  OF  A   HORSE.  215 

country  farrier ;  fomentations,  and  even  poultices 
are  troublesome,  and  therefore  not  continued,  even  if 
at  first  adopted ;  to  a  recent  wound  in  shoeing,  or 
treading  on  a  nail.  Friar's  balsam  may  be  usefully 
applied  ;  but  where  the  wound  is  severe,  this  or  any 
stimulant  will  increase  the  inflammation  to  a  mis- 
chievous extent.  The  horn  (if  the  wound  is  in  the 
foot)  should  be  pared  away,  and  the  place  poulticed. 
Lameness  occurring  soon  after  shoeing  should  always 
excite  a  suspicion  that  the  sensible  sole  has  been 
pricked,  and  in  such  a  case  it  is  obviously  impolitic 
to  consult  the  smith  by  whom  the  horse  was  shod. 
In  applying  a  poultice,  it  is  a  common  practice  to 
tie  it  tightly  round  the  foot  or  legs  with  strings. 
This  is  injurious  :  a  worsted  stocking  is  a  very  con- 
venient bag,  and  may  easily  be  kept  on  by  apply- 
ing another  stocking  to  the  other  foot,  and  passing 
a  roller  over  the  withers  to  connect  the  two.  Any 
tight  ligature  round  the  leg  is  injudicious,  if  it  can 
be  avoided. 

Where  any  place  is  galled  or  swelled  by  the  saddle, 
or  the  harness,  fomentation  is  the  best  of  all  reme- 
dies ;  should  any  abscess  be  formed  it  should  be 
opened  and  kept  open  by  a  seton,  till  the  matter  is 


216     THE  ADVENTURES  OF  A  GENTLEMAN 

entirely  discharged.  A  kick  or  a  bruise  should  re- 
ceive the  same  treatment  if  the  contusion  is  consider- 
able ;  and  especially  in  the  case  of  broken  knees. 
In  this  case  a  horse  is  often  more  blemished  by  the 
treatment  than  by  the  accident  itself.  If  the  joint 
is  much  injured,  a  cure  is  generally  hopeless;  it 
would  be  more  humane  as  well  as  more  prudent  to 
destroy  the  animal  at  once ;  but  if  the  wound  does 
not  affect  the  joint,  (and  on  this  point  the  farrier 
alone  can  give  certain  information,)  it  should  be 
carefully  and  tenderly  washed  out  with  a  sponge  and 
warm  water,  and  then  poulticed  for  two  or  three 
days  ;  and  after  this  the  inflammation  will  probably 
have  subsided,  and  ointment  should  be  applied ;  not 
gunpowder  and  grease  :  every  country  blockhead  re- 
commends this  to  promote  the  growth  of  the  hair ;  it 
has  no  such  effect,  and  on  the  contrary,  it  often 
irritates  and  retards  the  cure  of  the  wound.  Lard 
alone,  or  with  a  little  mixture  of  alum,  will  be  much 
better ;  care,  however,  should  be  taken  to  apply  the 
ointment  in  the  direction  of  the  hair ;  otherwise 
when  the  cure  is  effected,  the  hair  will  grow  in  an 
uneven  or  inverted  form,  and  will  make  the  blemish 
more  apparent. 


IN  SEARCH  OF  A  HORSE.  217 

In  all  cases  of  strains,  local  bleeding  and  rest  are 
indispensable  ;  where  the  back  sinews  are   affected, 
rest  can  only  be  secured  by  a  high-heeled  shoe :  after 
all  inflammation  has  disappeared,  absolute  rest,  even 
for  a  considerable  time,  is  requisite  to  a  cure :  if  the 
part  is  enlarged,  stimulating  lotions,  such  as  harts- 
horn and  oil  in  equal  proportions,  and  even  blister- 
ing, may  be  beneficially  applied ;  I  have  not,  how- 
ever, much  faith  in  any  remedy  but  absolute  rest ; 
and  even  after  months  of  quiet,  I  have  great  doubts 
whether  severe  strains,  accompanied   as  they  often 
are,  by  a  fracture  of  some  ligament,  admit  of  a  per- 
manent  cure.      In   the   early  stages,   an   emollient 
poultice  of  linseed  and  bran  should  be   applied  to 
strains  of  the  leg,  whatever  part  of  it  may  be  injured, 
and  the  horse's  diet  should  be  changed.     If  by  this 
treatment  the  horse  apparently  recovers  the  use  of 
the  limb  without  pain,  the  high-heeled  shoe  may  be 
removed,  but  he  should  not  be  put  to  work  for  some 
weeks ;  he  should  be  turned  into  a  loose  box,  or  a 
straw  yard,  and  indeed  this  should  be  done  in  every 
serious  case  of  local  injury  or  internal  disease. 

These  general  hints  may  assist  a  man  in  directing, 
or  at  least  superintending,  the  care  of  a  sick  horse  in 
19* 


218   THE  ADVENTURES  OP  A  GENTLEMAN,  ETC. 

doubtful  hands ;  but  I  only  offer  them  as  deserving 
attention  in  this  extreme  case,  for,  varying  the 
proverb  a  little,  when  a  man  is  his  own  farrier,  his 
horse  has  a  fool  for  his  master. 


CHAPTER   XIV. 


I  HAVE  only  casually  adverted  to  the  tricks  and 
vices  of  horses.  They  are  so  frequently  occasioned 
by  the  tricks  and  vices  of  the  owner  or  his  groom, 
that  a  chapter  on  humanity  and  good  sense  would  be 
most  appropriate  to  the  subject.  It  may  be  taken 
as  a  sound  principle  that  vice  may  be  easily  prevent- 
ed, but  rarely  can  be  cured.  Rearing,  plunging, 
kicking  in  the  stall,  bolting,  biting,  and  all  the  black 
catalogue  of  equestrian  vexation,  are  tricks  never 
forgotten  when  once  acquired.  A  bold  and  clever 
rider  will  often  subdue  a  restive  horse  into  tempo- 
rary docility ;  indeed,  when  once  the  mastery  of  a 
horse  is  effectually  attained,  he  will  be  very  cautious 
of  entering  into  any  personal  discussion,  but  he  will 
make  up  for  his  self-command  the  instant  a  new  rider 
is  on  his  back.  The  mill  or  stage  is  the  only  place 
for  such  an  animal.     I  have  occasionally  met  with 


220     THE  ADVENTURES  OF  A  GENTLEMAN 

young  gentlemen,  {very  young,)  who  affect  to  prefer 
"  a  brute  with  a  queer  temper,"  because  he  will  "do 
most   work."      These   pinafore   riders    "  never   find 
the  horse   too   much  for    tliem^'" — "  He    goes   very 
quietly  with  me  !''  a  peculiar  emphasis  being  care- 
lessly as  it  were  lent  to  the  pronoun,  as  if  less  by 
way  of  marking    the   skill    of  the   rider,   than   the 
oddity  of  the  horse.    When  I  hear  this,  I  set  it  down 
as  of  course,  that   the    speaker  has  never  been   on 
horseback  a  second  time  in  his  life,  or  at  all  events, 
never  mounted  a  second  horse.     It  is  digressing  a 
little  from  the  subject,  but  I  cannot  resist  the  temp- 
tation of  mentioning  an  adventure  I  had  a  few  years 
since  with  a  jacknapes  of  this  description.     He  over- 
took me  one  afternoon  riding  home  from  the  city ; 
he  was  mounted  on  a  good  mare,  but  with  vice  legi- 
bly written  on  her  face.     He  was  obviously  uncom- 
fortable, and  I  advised  him  to  dismount.     "0  no ! 
never  liked  a  horse  better ;  she  is  rather  queer  to  be 
sure,  but  I  am  riding  her  into  order  for  a  friend  who 
finds  her  too  much  for  him."     I  was  not  his  nurse, 
so  I  said  no  more.     Presently  he  dropped  his  stick ; 
I  offered  to  hold  the  mare  while  he  recovered  it,  but 
I  found  that  he  dared  not  dismount ;  he  could  not  be 


IN  SEARCH  OF  A  HORSE.  221 

assured  of  reseating  himself!  I  foresaw  tlie  catas- 
trophe. No  sooner  had  I  given  him  his  cane  than  to 
show  his  courage,  he  applied  it  to  his  mare,  and 
away  she  went  like  a  bullet.  To  give  chase  to  a 
runaway  horse,  is  the  unkindest  service  in  the  world. 
I  followed  at  my  leisure  ;  the  youth  was  going  to  a 
dinner  party,  and  I  thought  the  worst  that  would 
happen,  would  be  his  arriving  in  time  to  cook  the 
dinner. 

At  Islington,  an  old  woman  was  in  modern  phrase- 
ology, "flaring  up"  like  a  fury:  an  orange-barrow 
overturned,  and  oranges  scattered  to  the  winds,  be- 
spoke the  nature  of  her  provocation  :  she  had  escap- 
ed by  miracle.  A  hundred  yards  farther  a  coster- 
monger's  cart  showed  symptoms  of  unwonted  distress 
— cabbages,  carrots,  potatoes,  strewed  the  ground, 
while  the  owner  vented  his  indignant  wrath  in  cor- 
dially wishing  my  unlucky  friend  might  finish  his 
career  in  the  shades  below.  Misfortunes  thickened 
as  I  traced  his  steps  ;  a  mob  at  Battle-bridge  sur- 
rounded the  toll-collector  :  a  good-natured  attempt  to 
close  the  gate  had  exposed  his  limbs  to  serious  risk, 
though  it  had  not  saved  his  penny ;  the  man  was  quit 
for  a  bloody  nose,  and  a  fisherwoman  for  the  trouble 


222 


THE  ADVENTURES  OF  A  GENTLEMAN 


of  washing  her  soles  a  second  time.  I  followed  in 
dismay;  a  quarter  of  a  mile  further,  two  stanhopes 
going  in  opposite  directions  had  come  in  direct  colli- 
sion ;  four  gentlemen  were  just  recovering  their  legs, 
and  gaping  round  in  bewilderment  at  the  sudden  ap- 
parition of  Tarn  o'Shanter  the  second;  their  horses 
had  taken  fright  at  the  clatter  of  the  mare,  and,  em- 
ulating her  good  example,  bolted  too,  and  met  in  full 
career.  At  Tottenham-court-road  the  dandy's  hat 
had  taken  leave.  I  tracked  its  owner,  like  a  fox, 
guided  by  countless  accidents,  till  I  arrived  at  Pad- 
dington,  and  there,  emerging  from  a  bed  of  savory 
slush,  I  found  him  !  He  was  in  truth  well  equipped 
for  the  hero  of  a  drawing-room  1 

''quantum  mutatus  ab  illo 

Hectore." 


IN  SEARCH  OF  A  HORSE.  223 

He  Had  pitched  head-foremost  into  one  of  those 
luscious  quagmires  which  heretofore  our  road  makers 
were  wont  to  accumulate  at  the  road-side.  The  mud 
formed  a  rich  pomatum  for  his  curly  mop.  The  pil- 
lory could  not  have  worked  a  more  complete  meta- 
morphosis. "  Carry  the  gemman  to  the  pump !"  was 
the  general  cry,  and  certainly  his  folly  deserved  it. 
I  called  a  coach  just  in  time  to  save  him  from  friends 
and  foes,  for  on  retracing  my  route,  I  encountered 
orange-women,  costermongers,  gentlemen,  and  fish- 
fags,  all  in  full  cry,  like  a  pack  of  beagles ! 

There  is  no  effectual  cure  for  a  restive  horse.  I 
have  once  or  twice  succeeded  in  the  case  of  bolting, 
but  it  has  only  been  by  a  severity  of  work  that  I  can 
not  recommend — by  urging  him  to  exhaustion.  For 
a  time  it  cures  the  horse,  but  it  renders  him  unfit  for 
work,  or  sale;  and  when  his  condition  is  restored, 
his  vice  returns  with  it :  but  prevention  is  easy  ;  the 
groom  should  never  be  allowed  to  tease  his  horses. 
A  horse  does  not  understand  a  jest;  tickling  or 
pinching  him,  worrying  him  in  the  stall,  sometimes 
coaxing  and  then  scolding  him,  dressing  him  while 
feeding,  pushing  or  striking  him  with  the  fork ;  all 
play  of  this  kind  leads   to  retort,   which   when  it 


224     THE  ADVENTURES  OF  A  GENTLEMAN 

becomes  habitual,  is  incurable  vice.  But  the  groom 
alone  is  not  in  fault ;  many  of  the  minor  tricks  are 
taught  by  the  rider. 

A  horse  should  be  mounted  steadily,  but  promptly, 
and  when  mounted,  should  be  allowed  to  walk  away 
quietly  for  the  first  hundred  yards :  instead  of  this, 
nothing  is  more  common  than  to  see  a  man,  as  soon 
as  his  foot  is  in  the  stirrup,  apply  the  spur,  and 
check  the  curb,  to  show  off  his  horse's  spirit.  Thus 
he  becomes  irritable  and  impatient  the  moment  he  is 
led  out  of  the  stable,  and  sometimes  acquires  a 
habit  of  rearing  and  plunging  before  the  rider  is 
well  settled  in  his  seat.  Some  thoughtless  block 
heads  can  never  .pass  a  carriage,  especially  if 
ladies  are  in  it,  without  the  same  ambition  of  dis- 
play ;  hence  the  animal  views  an  approaching  car- 
riage as  the  forerunner  of  punishment,  and  resists 
every  attempt  to  pass  it.  Many  who  ought  to  know 
better,  (I  have  myself  been  among  the  number,) 
challenge  every  stage  they  overtake  ;  eager  to  ''  give 
it  the  go  by,"  they  put  the  horse  to  his  speed,  and 
the  horse  is  taught  a  foolish  and  dangerous  competi- 
tion, till  his  trot  breaks  into  a  gallop,  at  the  sound  of 
wheels.     In  harness,  horses  frequently  acquire  the 


IN  SEARCH   OF  A  HORSE. 


225 


habit  0^  gibhing,  or  swerving  from  the  direct  line,  by 
inattention  to  the  collar ;  if  it  galls  the  shoulder,  or 
presses  on  the  windpipe,  as  often  happens  when  it 
has  not  been  made  expressly  for  him,  he  resists  the 
draught ;  when  punished  for  resistance,  he  rears  or 
kicks  ;  and  if  he  thus  vanquishes  a  timid  driver,  he 
will  repeat  the  trick  until  it  becomes  habitual.  The 
first  repulse  at  starting,  should  lead  to  close  exami- 
nation of  the  collar  ;  and  indeed,  it  is  a  useful  prac- 
tice, to  see  that  "  all  is  right"  at  every  journey  :  un- 
sound reins  or  traces  may  lead  to  serious  mischief, 
with  the  most  quiet  team. 

It  is  not  out  of  place  to  notice  the  injudicious 
manner  of  many  riders,  in  managing  their  bridle  on 
hilly  roads.     I  lived  at  Hampstead  for  several  years 


226     THE  ADVENTURES  OF  A  GENTLEMAN 

and  had  ample  opportunity  of  observing  this.  It 
was  quite  proverbial  among  us  that  a  man  was  not 
free  of  the  road,  who  had  not  paid  the  penalty  of 
three  falls.  I  believe,  that  during  my  five  years' 
residence.  I  was  the  only  daily  traveller  upon  it 
who  could  not  claim  this  freedom.  I  never  had  a  fall, 
and  yet  I  rode  my  horse  as  freely  down  the  hill,  as 
up  it.  I  attribute  my  good  fortune  to  my  observa- 
tion of  others.  I  noticed  that  every  rider  was  accus- 
tomed to  jog  gently  down,  with  a  tight  rein,  and 
forward  inclination  of  the  body ;  as  if  he  was  count- 
ing the  stones  before  him,  and  speculating  which  was 
to  throw  him  down.  Nothing  is  better  calculated  to 
insure  a  fall ;  if  a  horse's  legs  are  so  groggy  as  to 
make  a  tight  rein  necessary,  he  should  not  be  ridden 
at  all ;  he  is  not  safe  on  the  mos.t  level  ground  ;  but 
if  his  legs  and  feet  are  sound,  he  should  be  allowed 
his  head,  and  left  to  his  natural  pace ;  the  bridle 
should  be  firmly  in  hand,  but  the  mouth  need  not  be 
worried  by  constant  bearing  on  the  bit.  So  long  as 
the  horse  goes  freely,  he  will  go  safely ;  he  will  of  his 
own  accord  check  his  speed  if  he  finds  it  dangerous, 
unless  urged  by  unusual  stimulus  of  punishment  or 
competition.     I  have  invariably  acted  on  this  princi- 


IN  SEAKCH  OF  A  HORSE.  227 

pie,  and  found  it  safe  :  I  think  if  some  of  my  Hamp- 
stead  friends  were  to  adopt  it  too,  they  would  not 
be  obliged  to  purchase  the  "  freedom  of  the  road"  at 
such  a  costly  price.  It  is  a  principle,  almost  an 
axiom,  in  horsemanship,  that  the  most  fearless  rider 
is  the  safest.  I  know  of  no  instance  in  which  it  so 
truly  applies,  as  in  leaping  or  riding  down  hill.  I 
have  witnessed  more  falls  in  hunting  from  checking  a 
horse  at  his  leaps,  than  from  any  other  cause  ;  and 
I  believe  for  the  same  reason  that  he  stumbles  in 
descending  a  hill,  when  the  bridle  is  tight  in  hand. 

It  is  very  desirable  to  inform  oneself  speedily  of 
any  peculiarities  in  a  horse  that  has  been  recently 
purchased.  An  instance  of  the  awkward  predica- 
ment in  which  one  may  unexpectedly  be  placed  by 
tricks,  partly  playful  and  partly  vicious,  lately  occur- 
red to  myself.  I  was  mounted  on  a  very  good  horse, 
but  of  a  temper  somewhat  uncertain.  He  was  well 
known  to  my  private  friends  by  the  name  of  Caliban. 
I  was  proceeding  leisurely  from  the  House  of  Com- 
mons just  at  that  period  of  the  day,  when  the  street 
is  usually  crowded  by  the  members'  carriages:  the 
result  was  a  complete  blockade  of  the  whole  way  as 
far  as  Charing  Cross.     I  threaded  the  carriages  sue- 


228     THE  ADVENTaRES  OF  A  GENTLEMAN 

cessfully,  till  I  arrived  at  New  street,  when  Caliban 
was  startled  by  the  abrupt  and  hurried  approach  of  a 
landau,  passing  two  or  three  yards  before  us,  directly 
across  our  course.  He  immediately  retreated  at 
speed,  but  with  Ms  face  to  tlie  enemy  !  I  spurred,  I 
flogged,  I  kicked  him  with  all  my  energy,  but  in 
vain ;  the  more  I  spurred,  the  more  resolutely  he  re- 
trograded !  I  endeavored  to  tijrn  him  on  either  side 
but  he  caught  the  check  of  the  bit  between  his  teeth, 
held  down  his  head,  and  defied  me  !  I  would  have  given 
my  ears  for  a  plunge  or  a  rear,  for  the  eccentricity 
of  the  movement  made  me  the  laughing  stock  of  the 
assembled  mob :  ludicrous  misfortune,  especially  on 
horseback,  has  always  an  indescribable  charm  for  the 
million  ;  good  humor  is  the  only  remedy  in  such  a 
case,  and  I  laughed  too,  though  with  little  zest  for 
the  sport.  But  my  distress  approached  its  climax. 
Caliban  at  length  planted  himself  at  the  carriage 
door  of  a  drowsky,  fixed  in  the  line  of  carriages,  in 
which  were  four  ladies,  heartily  enjoying  my  vexa- 
tion, if  I  might  judge  from  a  hasty  glance  at  their 
lovely  smiles  :  but  if  it  was  so,  Caliban  maliciously 
avenged  me.  Desperate  with  shame,  and  mad  with 
the  ridicule  of  the  scene,  I  fairly  buried  the  rowels  in 


IN  SEARCH  OF  A  HORSE. 


229 


his  side.  I  dare  not  describe  the  terrific  consequen- 
ces ;  finis  coronat  ojoas.  *  *  *  'j^  *  One  fatal 
scream  announced  the  catastrophe ;  and  Caliban, 
satisfied  with  the  mischief  he  had  perpetrated,  danced 
off  in  the  right  direction,  to  the  old  tune  of  "  the 
devil  taJce  the  hindmost."  I  turned  my  head — not  to 
laugh,  I  solemnly  declare — but  to  take  my  hat,  and 
apologize.  It  was  however  past  apology  ;  white  hand- 
kerchiefs were  wiping  away  the  falling  tears  !  another 
look  would  have  been  death.  I  decamped.  The 
mob  had  new  matter  for  fun,  and  I  escaped  un- 
scathed. Let  my  readers  take  a  lesson  to  beware  of 
a  "  horse  wot  backs,"  as  he  was  then  merrily  christ- 
ened by  the  laughing  bystanders !  The  lady  that 
principally  received  the  rude  salute,  was  elegantly 
dressed  in  green  silk. 


20* 


CIIAPTEK   XV 


Before  I  advert  to  the  very  difficult  subject  of 
warranty,  I  think  a  word  or  two  upon  horse  auctions 
would  not  be  out  of  place.  There  is  something 
particularly  attractive  in  an  auction ;  though  the 
most  deceitful  of  all  markets,  the  purchaser  takes  a 
pleasure  in  being  deceived.  It  partakes  of  the  ex- 
citement of  the  gaming-house ;  yet  the  most  sober 
people  speculate  in  the  sale-room  without  compunc- 
tion. The  possibility  that  the  auctioneer  may  speak 
the  truth,  (a  bare  possibility  it  must  be  owned)  the 
certainty  that  if  he  does,  the  purchase  is  cheaply 
made,  the  accidental  bargains  occasionally  realized, 
though  not  more  than  twice  in  a  thousand  sales,  and 
above  all,  the  self-increasing  stimulus  of  competition, 
the  jealous  fear  lest  the  half-crown  more  of  some  less 
parsimonious  bidder  should  make  him  the  happy 
man,  combine  to  induce  a  semi-intoxication  of  cupid- 
ity, that  leaves  a  novice  no  chance  of  escape  without 


THE  ADVENTURES  OF  A  GENTLEMAN,  ETC.   231 

remorse.  Auctions  ought  to  have  been  put  down  at 
the  same  time  "with  lotteries;  at  all  events,  three 
purchases  should  qualify  a  man  for  Bedlam,  without 
the  aid  of  a  commission  of  lunacy.  I  never  but  once 
bought  at  an  auction  without  being  cheated,  and  that 
only  happened  because  the  interest  sold  was  of  a 
nature  so  complicated  and  unusual,  that  not  a  man 
in  the  room  comprehended  its  real  value. 

There  is,  however,  an  essential  difference  between 
horse-auctions  and  all  others ;  it  is  not  only  the  case, 
as  I  have  elsewhere  observed,  that  no  animals  are 
sent  to  them  but  such  as  it  is  morally  impossible  to 
sell  elsewhere,  but  nineteen  out  of  twenty  of  the 
buyers  are  hio graphic  ally  acquainted  with  the  quad- 
rupeds. Though  horses  of  all  descriptions  are  at 
times  sold  at  every  horse-auction  in  the  metropolis, 
each  yard  has  its  peculiar  trade.  Sporting  horses, 
whether  for  the  field  or  turf,  are  the  staple  commo- 
dity at  Tattersall's.  Machiners,  as  they  are  called, 
that  is,  post-horses,  or  stage-horses,  are  generally 
found  at  Dixon's  or  Robinson's.  Morris's,  better 
known  as  Aldridge's,*  is  well  supplied  with  trades- 

*  This  establishment  has  been  transferred  to  Mr.  Young  of  the 
Bazaar. 


232     THE  ADVENTURES  OF  A  GENTLEMAN 

men's  hacks ;  and  now  that  the  Bazaar  is  closed,  can 
often  boast  of  the  most  miscellaneous  collection  of 
gentlemen's  chargers,  equally  fit  for  the  saddle  or 
the  stanhope,  the  park  or  the  road!  The  motley 
crew  who  frequent  these  places  are  the  same  at 
every  sale :  and  the  bill  of  fare  varies  as  little  as  the 
guests.  "Very  superior,  well-bred,  short-legged,  up- 
standing, fast,  young,  seasoned  horses,  the  genuine 
property  of  a  coach-proprietor,  reducing  his  stock," 
or  of  "  a  gentleman  compelled  by  ill-health  to  give 
up  hunting,"  among  which  will  "assuredly"  be  found 
"  some  excellent  buggy-horses,  and  a  few  with  grand 
action  for  a  cabriolet,"  and  not  a  few  "equal  to  six- 
teen stone,  up  to  any  hounds."  Such  are  the  prizes; 
and  all  are  warranted  sound,  quiet  in  harness,  and 
free  from  vice.  It  is  a  pity  that  such  valuable  ani- 
mals should  be  so  little  appreciated ;  but  it  is  by  no 
means  for  want  of  competent  judges. 

The  first  spectacle  that  meets  the  eye  of  a  novice 
is  a  collection  of  lumbering,  antiquated,  broken- 
springed,  one-horse  carts,  congregated  round  the 
gateway  of  the  yard,  guarded  by  ragged  boys,  old- 
harness  dealers,  saddle-cobblers,  and  stick  merchants. 
Groups  of  this  description  extend  from  the  gateway 


m  SEARCH  OF  A  HORSE.  233 

to  the  next  gin-shop,  and  are  a  sure  indication  that 
a  horse-sale  is  going  on  in  the  neighborhood.  You 
may  safely  elbow  your  way  through  them :  the  fre- 
quenters of  the  place  rarely  have  enough  in  their 
pockets  to  make  it  a  haunt  for  common  thieves ;  and 
if  such  an  interloper  dared  show  himself,  he  would 
infallibly  be  horsewhipped  within  an  inch  of  his  life, 
for  the  "credit  of  the  trade."  Your  danger  is  far 
greater  than  losing  pocket-money  or  handkerchief. 
I  wonder  that  Hogarth  never  sketched  a  horse- 
auction,  but  perhaps  they  were  unknown  in  his  days : 
the  characters  would  be  worthy  of  his  pencil : — some 
collected  in  a  corner,  some  mounted  on  the  top  of  a 
coach  on  sale,  and  others  lounging  near  the  stand ; 
huddled  together  in  detached  bodies  of  half  a  score, 
are  seen  fellows,  such  as  you  might  take  at  random 
from  the  next  row  of  hackney  coaches.  Their  dress 
is  as  varied  as  the  color  of  their  carriages,  yet  with 
a  dash  of  esprit  de  corps,  immediately  perceptible  to 
the  practised  eye.  One  is  equipped  in  a  post-boy's 
coat,  reaching  to  his  ankles,  with  some  half  a-dozen 
pearl  buttons  scattered  at  unequal  intervals  down 
the  lappels  :  a  whity-brown  castor,  jauntingly  cover- 
ing one  side  of  the  head,  with  an  orange  handker- 


234     THE  ADVENTURES  OF  A  GENTLEMAN 

chief  transferred  from  the  neck  to  supply  the  band, 
completes  the  jockey  out  of  place.  Another  is  a 
long,  loose  fustian  jacket,  out  at  elbows,  buttonless 
and  colorless,  overlapping  brown  corded  breeches, 
that  adhere  to  his  person  without  the  aid  of  braces, 
by  some  chemical  affinity  as  yet  unknown  to  philoso- 
phy, bears  the  marks  of  annual  migration  from  the 
stable  yard  to  Newgate,  and  back  again  to  summer 
quarters  at  Epsom  or  Newmarket; — boots,  that  once 
had  tops,  approach  within  six  inches  of  the  knee, 
disclosing  stockings  that  once  were  white.  A  third, 
of  more  aspiring  pretensions,  struts  in  the  cast-ofF 
green  frock  and  tight  leathers  of  Sir  John's  whipper- 
in  ;  a  withered  nosegay  in  his  button-hole,  and  a 
dusky,  tattered  belcher  round  his  neck.  Patched 
stable-jackets,  rough  great  coats,  and  here  and  there 
a  butcher's  or  a  farrier's  apron,  denote  more  or  less, 
the  wearer's  habitual  pursuit ;  but  all  are  alike 
marked  by  certain  characteristics  of  the  sporting 
tribe ; — one  hand  is  employed  in  sounding  the  empti- 
ness of  the  coat  or  breeches  pocket,  while  the  other, 
armed  with  a  whip  or  small  ash  switch,  sometimes 
applies  it  to  the  owner's  boot,  or  horse's  flank,  and 
at  others,  presses  it  in  profound  meditation  against 


IN  SEARCH  OF  A  HORSE.  235 

the  lips  or  forehead ;  a  spur  of  formidable  length 
adorns  one  heel ;  and  all,  without  exception,  have  the 
hat  elevated,  with  a  demi-cock,  and  the  two  lowest 
buttons  of  the  coat  or  waistcoat  unbuttoned.  Such 
are  your  competitors  at  every  horse-sale :  now  and 
then  a  stray  gentleman,  or  one  in  the  garb  of  a  gen- 
tleman, may  be  seen  threading  his  way  through  the 
dirty  mob ;  especially  at  Tattersall's,  on  the  sale  of 
a  racing  or  hunting  stud ;  on  these  state  occasions, 
they,  in  fact,  constitute  the  mob.  It  is  some  small 
comfort  to  find  oneself  in  clean  society,  but  as  re- 
gards all  substantial  points,  the  novice  is  as  safely 
mixed  with  one  herd  as  the  other.  I  must  not  omit 
the  auctioneer ;  but  description  is  difficult.  Shabby 
gentility  is  not  the  phrase ;  yet  his  cut  is  always 
"  shabby  genteel."  Were  the  coat  made  by  Stultz, 
and  the  boots  by  Hoby,  there  is  an  indescribable 
peculiarity  in  the  wear  of  the  habiliments,  that 
marks,  not  the  gentleman,  but  the  tolerated  asso- 
ciate of  soi-disant  gentility : — a  vulgar  would-be 
equality,  recognized  on  the  turf,  and  scouted  else- 
where;— a  "one  of  us"  pretension,  countenanced 
at  Newmarket,  half-acknowledged  at  Melton,  but 
spurned  within  the  purlieus  of  St.  James's :  a  salu- 


236     THE  ADVENTURES  OF  A  GENTLEMAN 

tation  of  professional  familiarity  in  the  field,  is  no 
security  against  a  place  at  the  second  table  in 
Grosvenor  Square ;  and  the  consciousness  of  this, 
gives  these  indispensable  patrons  of  horseflesh  a  sort 
of  mock  importance,  on  the  strength  of  which  they 
court  the  gay,  quiz  the  stranger,  and  rule  the  canaille. 
These  men,  too,  have  the  peculiar  traits  of  their 
calling ;  roguery  and  humor  contend  for  mastery  in 
their  faces.  The  quick,  yet  wandering  eye,  the  ele- 
vation of  one  angle  of  the  mouth,  not  quite  neutral- 
ized by  the  depression  of  the  other ;  the  half-raised 
eyebrow,  and  slightly  protruding  tongue,  well  set  off 
by  a  gentle  inclination  of  the  head  to  catch  a  reluc- 
tant bidding,  stamp  the  successful  horse-auctioneer, 
so  that  you  might  recognize  him  among  ten  thou- 
sand. Add  a  complexion  half-bronzed  by  weather, 
but  glowing  with  habitual  carousing,  and  the  portrait 
is  complete.  Wine  or  spirits  will  produce  the  jovial 
tint,  according  to  the  caste  of  his  daily  customers. 

These  I  have  already  described ;  I  write  only  for 
accidental  buyers,  and  one  instance  will  suffice  to  put 
them  on  their  guard. 

My  compassion  was  much  excited,  the  other  day, 
on  witnessing  the  fate  of  a  young  tradesman,  appa- 


/ 


IN  SEARCH  OF  A   HORSE.  237 

rently  a  tailor,  who  was  anxiously  examining  every 
horse,  and  bid  for  several  without  success.  He 
knew  nothing  about  the  matter,  but  he  was  come 
"to  buy  a  horse,"  and  a  horse  he  would  have.  A 
mare,  of  some  pretensions  as  to  appearance,  was 
brought  to  the  stand :  it  was,  I  think,  the  sixth  or 
seventh  which  took  his  fancy.  She  might  be  worth 
ten  pounds ;  but,  determined  not  to  be  forestalled 
this  time,  he  at  once  offered  ten  guineas,  and  set 
the  whole  cortege  gazing  with  amazement.  They 
would  not  let  him  off  so  cheaply. 

"  Ten  guineas  bid !  she  is  worth  fifty  to  any 
man ;  warranted  sound,  and  quiet  to  drive.  Run 
her  down,  Bill." 

Ere  she  had  returned  to  the  stand,  the  auctioneer 
had  raised  the  biddings  to  fifteen. 

"  Sound,  and  quiet  in  harness  ;  going  for  fifteen  : 
I'd  give  forty  myself.  She's  the  best  horse  I've 
sold  to-day:  warranted  sound  and  quiet — run  her 
down  once  more.  Bill." 

Bill  laid   the    whip  on  well;    the    knowing    ones 
helped  him,  and  the  mare  returned  in  style :  a  little 
more,  and  her    head   would    have    tried  its  solidity 
with  the  auctioneer's. 
21 


THE  ADVENTURES  OF  A  GENTLEMAN 


"  Fifteen  guineas  bid.  Sixteen  :  thank  ye,  Sir : 
trust  you  won't  have  her  for  twenty;  quiet  to  drive, 
carried  a  lady — Sound,  Sir  ? — There's  not  a  sounder 
horse  in  the  yard.  What  do  you  hold  her  that  way 
for,  blockhead?     Run  her  down  again." 

She  began  to  show  lame,  even  in  standing :  but 
had  she  fallen  on  the  spot,  it  would  not  have  saved 
the  poor  tailor :  he  bid  twenty  guineas  without 
demur,  and  she  was  knocked  down  to  him  forthwith. 
A  precious  pair  were  standing  near  me. 

"I'll  be  blest,"  said  one  of  them,  "if  that  an't 
the  old  mare  that  Jem  Spinks  used  to  drive  in  the 
four  o'clock  'bus." 

"No,  sure  not!  she  warn't  blind!  only  a  little 
groggy  before." 


IN   SEARCH  OF  A  HORSE.  239 

"  She  warn't  gi'oggy,  by  no  means  :  very  queer 
about  the  eyes,  but  Jem  sold  her  because  she 
kicked  the  splinter  bar  in  two." 

Blind,  lame,  and  vicious !  I  thought  it  an  act 
of  common  charity  to  tell  the  purchaser.  He 
received  the  news  with  horror :  found  no  warranty 
in  his  receipt,  and  resold  the  brute  ere  he  left  the 
yard,  for  five  pounds,  twelve  shilings,  and  six- 
pence ! 

Public  sales  are  dangerous  places  for  sellers  as 
well  as  buyers.  A  learned  barrister,  well  known 
in  the  literary  world  for  his  critical  acumen,  sent 
his  horse  to  the  Bazaar  for  sale  by  auction.  Being 
well  aware  of  the  tricks  of  such  markets,  and  dis- 
trustful of  the  honesty  of  any  pufiing  agent,  he 
attended  the  sale  himself,  and  carefully  noted  the 
number  of  his  lot  in  his  pocket-book.  He  felt  not 
a  little  pleased  at  the  horse's  spirited  entree  when 
ushered  up  the  ride,  and  still  more  gratified  at 
the  auctioneer's  ingenuity  in  painting  his  merits, 
though  utterly  at  a  loss  to  guess  where  the  deuce 
he  had  learnt  them.  He  had  purchased  the  animal 
a  week  before  for  forty  guineas,  and  hitherto  had 
not  discovered  a  single   redeeming   quality  to  com- 


240     THE  ADVENTURES  OF  A  GENTLEMAN 

pensate  fov  fifty  faults.  The  biddings  were  slack, 
however,  malgre  the  auctioneer.  Five  pounds — 
five  pounds  ten — six  pounds — reluctantly  dropped 
at  long  intervals.  "This  will  never  do,"  thought 
the  learned  gentleman,  and  by  way  of  stimulating 
competition,  he  jumped  at  once  to  thirty  guineas. 
The  knowing  ones  stared,  and  promptly  took  the 
hint:  in  less  than  a  minute  the  lot  was  knocked 
down  to  the  novice  himself  at  fifty  guineas.  He 
regretted  outstanding  his  market,  but  consoled  him- 
self with  the  comfortable  reflection  that  at  least 
he  had  learnt  his  horse's  value,  and  had  not  been 
taken  in  by  the  dealer. 

"By  your  leave — make  way  there — stand  aside 
gen'l'm'n" — and  two  or  three  rough  salutations  of 
sticks,  whips,  and  voices,  warned  him  of  the  rapid 
approach  of  the  next  lot.  The  learned  counsel 
awoke  from  his  reverie — rubbed  his  eyes — adjusted 
his  glasses — gaped,  and  stared,  and  gaped  again 
at  the  new  comer,  with  petrifying  suspicion.  He 
turned,  with  fumbling  agitation,  to  his  pocket-book, 
and  found  that,  mistaking  the  lot,  he  had  puffed 
and  purchased  his  neighbor's  horse  ! ! !  Having 
two    worthless    animals    thus    unexpectedly  thrown 


IN   SEARCH  OF  A   HORSE.  241 

upon  his  hands,  he  ventured  on  no  more  puffing, 
but  allowed  his  own  to  go  at  its  just  value,  which 
proved  exactly  enough  to  buy  him  a  new  wig  for  the 
circuit. 

I  have  been  let  into  the  secret  by  one  of  the 
frequenters  of  these  places.  I  have  no  reason  what- 
ever to  distrust  his  information.  As  in  commission 
stables,  it  is  rarely  the  case  that  a  horse  enters  the 
yard  unknown  to  the  jobbers  about  it ;  and  should 
it  so  happen,  a  friendly  glass  with  the  under  ostler, 
or  helper,  will  secure  them  full  information ;  of 
course  its  value  is  at  once  known  to  a  shilling. 
Should  it  suit  any  of  the  fraternity,  he  will  be 
allowed  to  buy  it  somewhat  under  the  mark — but 
a  stranger  must  smart  for  his  intrusion;  unless 
known  to  be  connected  with  the  trade,  the  price  is 
run  up,  without  much  hazard  of  loss  to  the  jobbers. 
They  buy,  perhaps,  a  score  of  horses  at  the  sale, 
and  when  taken  away,  each  selects  those  which 
happen  to  be  most  suitable  to  his  wants,  and  the 
aggregate  price  of  the  lot  is  equitably  divided 
among  them,  according  to  their  own  estimate  of 
their  value.  Thus,  had  the  poor  tailor  been  led  to 
suspect  his  mare's  blindness,  by  her  running  full 
21* 


242-   THE  ADVENTURES  OF  A  GENTLEMAN,  ETC. 

tilt  against  the  stand,  and  then  given  up  his  bid- 
dings, the  jobber  who  would  have  bought  her  at 
the  next  lowest  bidding  of  nineteen  guineas,  would 
have  had  half  the  price  distributed  among  six  or 
eight  of  his  brother '  dealers,  when  afterwards  set- 
tling the  average  of  their  respective  purchases. 
The  impossibility  of  buying  fairly,  in  the  teeth  of 
such  combination,  is  obvious  ;  nor  would  it  much 
mend  the  matter,  to  employ  one  of  these  men  as 
an  agent :  the  chances  are  twenty  to  one  that  Ms 
opinion  of  a  good  horse  would  be  far  less  fastidious 
than  yours;  and  to  secure  his  fee,  he  would  assu- 
redly recommend  some  one  in  the  sale :  were  it 
otherwise,  he  would  run  no  better  chance  than  a 
stranger,  if  his  object  were  discovered,  and  to  conceal 
it  would  be  difficult. 

Whether  at  a  horse  sale,  or  any  other,  set  it  down 
as  a  maxim,  that  an  auctioneer  cannot  do  otherwise 
than  lie  :  "  'Tis  my  vocation,  Hal." 


CHAPTER    XVI. 


Next  to  buying  a  good  horse,  there  are  few  things 
more  difficult  than  buying  good  law  ;  but  the  greatest 
problem  with  which  a  plain  man  can  puzzle  his 
brains  is  to  make  law,  whether  good,  bad,  or  indif- 
ferent, intelligible  to  an  e very-day  reader.  1  have 
spent  more  time  on  the  consideration  of  the  following 
chapters  than  of  all  the  rest  of  my  work  put  toge- 
ther; and  though  a  lawyer  by  profession,  and  a 
jockey  by  taste,  I  confess  that  I  entertain  great 
doubts  whether,  even  if  I  understand  myself,  I  shall 
make  myself  intelligible  to  others  :  however,  it  is  bad 
policy  to  be  craning  over  the  hedge  before  you  leap, 
so  "have  at  it !" 

Of  course,  there  are  many  points  in  which  horse- 
dealing  does  not  differ  from  any  other  buying  and 
selling  transaction ;  it  is  governed  by  the  same  ge- 
neral rules  as  all  trade  in  goods  and  chattels ;  and 


244     THE  ADVENTURES  OF  A  GENTLEMAN 

some  of  the  cases  to  -wliicli  I  hereafter  refer  are  only 
quoted  to  illustrate  the  principles  on  which  these 
rules  are  founded.  But  with  a  view  to  systematic 
arrangement  of  the  subject,  I  shall  take  it  up  from 
its  natural  beginning,  and  consider  very  briefly  the 
origin  of  these  rules  :  they  are  essentially  founded 
upon  an  act  of  29  Char.  II.  cap.  3,  usually  called  the 
Statute  of  Frauds.  By  the  17th  section  of  this  act, 
it  is  provided  that  no  contract  for  the  sale  of  any 
goods  for  the  price  of  £10  or  upwards,  shall  be  good, 
except  the  buyer  shall  accept  and  actually  receive 
part  of  the  goods  so  sold,  or  give  something  in  earnest 
to  bind  the  bargain,  or  in  part  payment,  or  except 
some  note  or  memorandum  in  writing  shall  be  made 
and  signed  by  the  parties  to  the  contract,  or  their 
agents,  lawfully  authorized.  By  another  act,  the 
9th  Geo.  IV.  cap.  14,  the  enactments  of  the  last 
statute  are  extended  to  all  contracts  for  the  sale  of 
goods  of  the  same  value,  although  the  delivery  of 
them  may  be  intended  to  be  made  at  a  future  time, 
or  although  the  goods  may  not  at  the  time  of  the 
contract  be  actually  made  or  fit  for  delivery.  It  is 
clear  that  the  cases  likely  to  arise  upon  these  sta- 
tutes, will  turn  principally  upon  what  a  delivery  of 


IN   SEARCH  OF  A   HORSE.  245 

goods  consists  in,  what  amounts  to  an  earnest  or  part 
payment,  and  what  will  constitute  a  memorandum 
made  and  signed  by  the  parties  or  their  agents. 

The  question  of  delivery  is  the  one  which  most 
usually  arises  in  horse-dealing  transactions ;  and  I 
should  define  a  delivery  to  be,  any  act  whereby  the 
subsequent  power  of  disposition  over  the  horse  is 
transferred  to  the  purchaser. 

It  is  clear  that  a  delivery  may  be  either  actual  or 
constructive :  an  actual  delivery  is  a  bond  fide  trans- 
fer of  the  property  from  hand  to  hand  ;  as  where  the 
purchaser  receives  the  horse  by  his  halter,  and^  leads 
him  out  of  the  seller's  stable  to  his  own.  But  con- 
structive delivery  is  by  no  means  equally  intelli- 
gible ;  the  purchaser  may  have  no  stable,  or  it  may 
not  be  convenient  to  him  to  remove  the  horse  at  the 
time  when  the  contract  is  made  ;  and  in  the  majority 
of  instances,  it  is  usual  to  leave  the  horse  till  a  ser- 
vant can  be  sent  to  fetch  it :  in  such  cases  the  ques- 
tion arises  whether  a  delivery  has  actually  been 
made;  and  several  decisions  upon  the  subject  are  to 
be  found  in  our  Reports  :  the  first  to  which  I  shall 
refer,  is  the  case  of  Elmore  v.  Stone,  1  Taunton, 
458  ;  here  the  seller  removed  the  horses  which  he 


246     THE  ADVENTURES  OF  A  GENTLEMAN 

sold  from  the  sale  stable  to  his  livery  stable  ;  but  in 
this  and  in  nearly  every  other  instance,  I  shall  briefly 
quote  the  case,  as  I  conclude  that  few  of  my  readers 
will  have  a  law  library  at  hand,  and  it  may  be  conve- 
nient even  to  those  who  have. 

Elmore  v.  Stone,  1  Taunton,  458. — "  If  a  man 
bargains  for  the  purchase  of  goods,  and  desires  the 
vendor  to  keep  them  in  his  possession  for  an  especial 
purpose  for  the  vendee,  and  the  vendor  accepts  the 
order,  this  is  a  sufficient  delivery  of  the  goods  within 
the  statute  of  frauds.  It  is  no  objection  to  a  con- 
structive delivery  of  goods,  that  it  is  made  by  words, 
parcel  of  the  parole  contract  of  sale." 

The  plaintiff  kept  a  livery  stable,  and  dealt  in 
horses.  He  demanded  180  guineas  for  two,  which 
the  defendant  refused  in  the  first  instance  to  give, 
offering  a  lower  price.  The  offer  being  rejected,  the 
defendant  sent  word  that  "  the  horses  were  his,  but 
that  as  he  had  neither  servant  nor  stable,  the  plaintiff 
must  keep  them  at  livery  for  him."  The  plaintiff 
upon  this  removed  them  out  of  his  sale  stable  into 
another,  and  upon  his  afterwards  bringing  an  action 
for  the  price,  the  defendant  set  up  the  statute  of 
frauds,  and  contended  that  the  contract  was  not  bind- 


IN  SEARCH  OF  A  HORSE.  247 

ing.  Mansfield,  C.  J.  assimilated  the  case  to  that  of 
goods  at  a  wharf  or  in  a  warehouse,  where  the  usual 
practice  is  to  deliver  the  key  of  the  warehouse,  or  a 
note  to  the  wharfinger,  who  makes  a  new  entry  of  the 
goods  in  the  name  of  the  vendee.  After  the  defen- 
dant had  said  that  the  horses  must  stand  at  livery, 
and  the  plaintiff"  had  accepted  the  order,  it  made  no 
difi*erence  whether  they  stood  at  livery  in  the  vendor's 
stable,  or  whether  they  had  been  taken  away  and  put 
in  some  other  stable. 

It  is  clear  from  this  case,  that  the  buyer  was 
acknowledged  to  possess  the  power  of  disposition, 
and  the  horses,  by  their  removal  into  the  livery-sta- 
ble, were  intended  to  be  subject  to  his  order  and  con- 
trol; this  therefore,  was  a  delivery,  although  the 
seller  did  not  in  point  of  fact  give  up  the  actual  pos- 
session of  the  goods  sold. 

The  next  case  to  which  I  shall  refer,  will  appear 
to  an  unprofessional  reader  to  be  somewhat  incon- 
sistent with  the  former ;  but,  on  the  contrary,  the 
authority  of  Elmore  v.  Stone,  is  expressly  recognized. 
The  difi'erence  between  the  two  cases  is  fine,  but  may 
be  collected  from  the  observations  of  the  Chief  Jus- 
tice about  to  be  cited. 


248     THE  ADVENTURES  OF  A  GENTLEMAN 

1  Dowling  and  Kyland,  515,  Carter  v.  Touissant. 
— ^'PlaintifF  sold  a  horse  to  the  defendant  at  the 
price  of  .£30  by  parole  agreement ;  the  horse  to  be 
fired,  and  remain  in  plaintiff's  possession  until  fit  to 
be  sent  to  grass ;  at  the  end  of  twenty-two  days  the 
horse  was,  by  defendant's  direction,  taken  to  graze 
at  Kimpton  park,  and  there  entered  in  the  plain- 
tiff's name:  it  was  held  that  there  was  no  de- 
livery to,  or  acceptance  of  the  horse  by  the  defen- 
dant, to  satisfy  the  17th  section  of  the  statute  of 
frauds." 

In  this  case  the  defendant  went  so  far  as  to  see 
the  horse  fired,  and  expressed  his  approbation  of 
what  had  been  done ;  he  also  called  several  times  to 
look  at  the  horse,  while  it  remained  in  the  plaintiff's 
stables.  The  case  of  Elmore  v.  Stone  was  quoted, 
and  it  was  observed  by  C.  J.  Abbott,  that  the  cus- 
tody was  of  the  same  kind  as  in  this  case ;  but  that, 
in  consequence  of  Elmore  having  consented  to  put 
the  horse  in  another  stable,  and  to  keep  it  there  at 
the  defendant's  charge,  he  had  changed  the  character 
in  ivhich  he  originally  held  the  horse,  and  instead  of 
holding  him  as  his  own,  held  him  for  the  defendant 
as  his  livery-stable  keeper. 


IN   SEARCH  OF  A   HORSE.  349 

The  exercise  of  ownership  over  the  property  sold, 
by  re-selling  a  part  of  it,  and  the  acquiescence  of  the 
seller  in  the  subsequent  removal  of  the  part  sold  from 
his  premises,  also  appear  to  amount  to  a  constructive 
delivery  ;  the  following  case  will  illustrate  this  po- 
sition : 

Chaplin  v.  Rogers.  1  East,  192. — "  After  a  bar- 
gain and  sale  of  a  stack  of  hay  between  the  parties 
on  the  spot,  evidence  that  the  purchaser  actually 
sold  part  of  it  to  another  person,  by  whom,  though 
against  the  purchaser's  approbation,  it  was  taken 
away,  is  sufficient  to  warrant  a  jury  in  finding  a  deli- 
very to  and  acceptance  by  the  purchaser,  thereby 
taking  the  case  out  of  the  statute  of  frauds." 

In  this  case,  two  months  elapsed,  during  which 
the  hay  remained  in  the  plaintiff's  yard.  Lord 
Kenyon  observed,  "  Where  goods  are  ponderous, 
and  incapable,  as  here,  of  being  handed  over  from 
one  to  another,  there  need  not  be  an  actual  delivery, 
but  it  may  be  done  by  that  which  is  tantamount, 
such  as  the  delivery  of  the  key  of  a  warehouse 
in  which  the  goods  are  lodged,  or  by  delivery  of 
other  indicia  of  property ;  now  here  the  defendant 
dealt  with  this  commodity  afterwards  as  if  it  were 
22 


250     THE  ADVENTURES  OF  A  GENTLEMAN 

in  his  actual  possession,  for  he  sold  part  of  it  to 
another  person." 

The  strictness  with  which  the  courts  treat  the 
question  of  delivery,  may  be  gathered  from  the  fol- 
lowing case : 

Hodgson  V.  Le  Bret,  1  Campbell,  233.—"  If  the 
purchaser  of  goods,  at  the  time  of  sale,  write  his 
name  upon  a  particular  article,  with  intent  to  denote 
that  he  has  purchased  it,  and  to  appropriate  it  to  his 
own  use,  this  is  enough  to  take  the  sale,  as  to  the 
article  written  upon,  out  of  the  statute  of  frauds ; 
but  not  as  to  other  articles  bought  at  the  same 
time." 

It  should  be  observed  here  that  the  articles  were 
at  separate  prices ;  and  I  infer  from  this  that  each 
purchase  Avas  viewed  as  a  separate  transaction: 
the  report  of  the  case  confirms  this  inference ;  if, 
therefore,  a  seller  sells  the  horse  and  all  his  furni- 
ture/(9r  one  sum,  and  delivers  the  bridle,  or  saddle, 
or  even  the  halter,  though  he  retains  the  horse,  this 
would  be  a  delivery  within  the  statute ;  or  to  put  a 
more  common  case :  if  the  purchaser  were  even  to 
exchange  the  saddle  on  his  own  horse,  and  ride 
away  upon  the  saddle  which  he  had  purchased  as  a 


IN  SEAPtCH  OF  A  HORSE.  251 

part  of  the  furniture  of  his  new  horse,  it  would  fall 
within  the  principle,  and  be  an  actual  delivery, 
althouo-h  he  left  his  own  saddle  behind  him.  But 
if,  on  the  other  hand,  the  horse  had  been  sold  for 
<£50,  and  the  furniture  had  been  separately  sold  for 
50s.,  this  would  not  be  one  entire  contract,  and, 
consequently,  the  delivery  of  the  saddle  would  not 
be  a  constructive  delivery  of  the  horse,  and  the 
bargain  for  the  latter  would  be  void,  under  the 
statute.  In  connection  with  the  case  of  Hodgson  v. 
Le  Bret,  the  following  also  deserves  notice,  as  show- 
ing that  the  distinctions  on  the  subject  of  putting  a 
written  mark  on  the  article  purchased,  are  rather 
nice : 

In  Baldey  v.  Parker,  3  D.  and  R.,  220.— '^  Where 
a  person  entered  a  tradesman's  shop,  and  selected 
various  articles,  some  of  which  he  marked  with  a 
pencil,  and  others  were  cut  from  piece  goods  and 
laid  aside  for  him,  (the  whole  amounting  to  more 
than  £10,)  and  desired  them  to  be  sent  home,  and 
w^hen  sent,  he  refused  to  take  them,  held  first  that 
the  contract  was  joint,  and  second,  that  there  was  no 
acceptance  to  take  the  case  out  of  the  statute  of 
frauds.     The  case  of  Hodgson  v.  Le  Bret  was  cited. 


252     THE  ADVENTUBES  OF  A  GENTLEMAN 

but  no  observation  was  made  on  it  by  the  court ;  and 
the  tenor  of  C.  J.  Abbott's  observation  was,  that 
there  must  be  an  actual  transfer  and  handing  over  of 
the  thing  from  the  seller  to  the  buyer,  and  a  taking 
possession  on  the  part  of  the  latter.  The  former 
case  of  Hodgson  v.  Le  Bret  seems  to  be  distinguished 
from  this  case,  by  the  fact  of  the  name  having  there 
been  written  by  the  purchaser  on  the  goods  set  apart 
for  him.  Here,  though  a  mark  was  made,  the  name 
was  not  written,  and  it  was  specially  noticed  by  the 
court. 

I  find  in  the  "Law  Journal,"  of  the  13th  of  June, 
1839,  a  case  of  Wright  v.  Percival,  which  is  hardly 
reconcileable  with  Baldey  v.  Parker.  The  defendant 
agreed  to  buy  a  carriage  from  the  plaintiffs.  After 
it  was  finished,  she  went  to  their  factory,  taking 
with  her  a  cover  for  the  hind  seat,  and  a  set  of 
traces,  which  the  carriage  had  been  made  to  fit. 
One  of  the  plaintiffs  told  her  that  it  was  complete, 
and  she  got  into  it,  saying  that  it  was  a  very  nice 
carriage  ;  she  then  desired  the  plaintiffs  to  order  post 
horses  to  take  it  home,  and  added  that  she  would 
call  for  it  at  half-past  four  in  the  afternoon ;  she 
directed  that  the  cover  which  she  had  brought  for 


IN  SEARCH  OF  A   HORSE.  253 

the  hind  seat  should  be  put  on ;  this  Tvas  done  in 
her  presence,  and  agreeably  to  her  directions.  The 
afternoon  proving  wet,  the  defendant  came  again 
to  the  plaintiffs  at  five  o'clock,  and  said  that  she 
should  not  take  the  carriage  home  that  evening ; 
she  afterwards  refused  to  pay  the  price  demanded, 
and  did  not  remove  the  carriage.  It  was  held 
that  this  constituted  a  sufficient  delivery  and  accept- 
ance. 

With  respect  to  the  sufficiency  of  a  delivery  of 
part,  to  take  the  case  out  of  the  statute,  there  is 
another  case  which  ought  to  be  noticed  in  con- 
nection with  Hodgson  v.  Le  Bret.  It  is  the  case  of 
Thompson  v.  Macirone,  4  D.  and  R.,  619.  "Where 
goods  to  the  value  of  £144  were  made  pursuant  to 
order,  but  continued  by  desire  of  the  vendee  upon 
the  premises  of  the  vendor,  excepting  a  part  to  the 
value  of  X2  10s.,  which  the  former  took  away;  held 
that  there  was  no  delivery  and  acceptance  of  the 
goods,  within  the  meaning  of  the  17th  section  of  the 
statute." 

Here,  however,  I  collect  that  the  bargain  was  not 
one  and  entire,  but  for  the  part  removed  as  distinct 
and  separate  from  the  bulk.  , 

99^ 


254     THE  ADVENTURES  OF  A  GENTLEMAN 

The  acceiJtance  of  goods  by  the  buyer  must  be 
clear  and  unequivocal ;  and  a  constructive  acceptance 
will  not  be  sufficient,  (See  Nicholle  v.  Plume,  1  Car- 
rington  and  Payne,  272.)  And  in  another  case  of 
Tempest  v.  Fitzgerald,  3  Barnwell  and  Alderson, 
680,  the  necessity  of  a  clear  acceptance  seems  yet 
more  decidedly  laid  down.  A  agreed  to  purchase  a 
horse  from  B  for  ready  money,  and  to  fetch  him 
away  on  a  given  day.  Two  days  before  that  day, 
A  rode  the  horse,  and  gave  directions  as  to  his 
exercise  and  future  treatment;  but  requested  that 
he  might  remain  in  B's  possession  for  a  further  time, 
at  the  expiration  of  which  he  promised  to  fetch  him 
away  and  pay  the  price ;  the  horse  died  before  A 
paid  the  price,  or  took  him  away ;  it  was  held  that 
there  was  no  acceptance  of  the  horse,  so  as  to  make 
the  bargain  executed  within  the  meaning  of  the 
statute. 

A  delivery  to  a  party  named  by  the  purchaser  is 
a  delivery  within  the  statute ;  and  so  is  a  delivery, 
without  special  directions,  to  a  carrier,  where  the 
purchaser  has  been  in  the  habit  of  receiving  goods 
from  the  vendor  by  a  similar  conveyance,  vide  Hart 
V.  Sattley,  3  Campbell,  528;    and  it  would  appear 


IN  SEARCH  OF  A   HORSE.  255 

from  Dutton  v.  Solomonson,  3  Bosanquet  and  Puller, 
that  a  delivery  of  goods  on  behalf  of  the  vendee,  to  a 
carrier  not  named  by  the  vendee,  is  a  good  delivery. 
I  apprehend  that  this  is  about  as  much  law  upon  the 
question  of  delivery  as  my  readers  will  desire,  or  as 
I  may  venture  upon  without  hazarding  the  safety  of 
my  book. 

On  the  second  ordinary  question  of  dispute,  the 
payment  of  earnest  money,  or  part  payment  of  the 
price,  there  is  little  to  be  said :  even  lawyers  can 
scarcely  make  their  ingenuity  avail  them,  to  invent 
a  co7ist7'iictive  payment  of  money, — the  payment  of 
earnest  must  be  bona  fide  ;  as  where  a  person  passed 
a  shilling  over  the  hand  of  the  vendor,  and  returned 
it  into  his  own  pocket,  it  was  held  not  to  be  a  pay- 
ment of  earnest  within  the  statute ;  vide  Blenkinsop 
V.  Clayton,  7  Taunton,  597 :  a  doubt,  however,  has 
been  raised,  what  must  be  the  proportion  of  money 
paid  to  make  it  "earnest"  within  the  meaning  of  the 
statute. 

There  is  an  essential  difference  between  payment 
of  "  earnest "  and  part  performance  :  in  the  case  of 
a  contract  for  land,  the  statute  of  frauds  does  not 
provide  that  payment  of  "earnest"  shall  save  the 


256     THE  ADVENTURES  OF  A  GENTLEMAN 

contract ;  but  part  performance  of  the  bargain  will 
have  that  effect.  In  the  case  of  goods,  the  payment 
of  "earnest"  is  expressly  excepted  by  the  statute; 
and  the  meaning  of  "  earnest"  would  seem  to  be  any 
payment  that  proved  the  parties  to  be  sincere,  or 
earnest,  in  the  purpose  of  dealing.  If  this  definition 
be  correct,  it  seems  to  follow  that  the  payment  ought 
to  be  substantial,  even  when  intended  for  "earnest:" 
the  common  opinion  undoubtedly  is  that  any  pay- 
ment, however  small,  is  sufficient :  should  the 
question,  however,  be  fairly  raised  on  any  future 
occasion,  I  think  it  would  be  decided  that  a  payment 
so  small  as  to  be  illusory,  is  not  sufficient.  But  I 
apprehend  it  to  be  a  question  of  fact  for  a  jury, 
rather  than  of  law :  and  that  it  would  be  the  duty  of 
the  jury  to  say  whether  the  payment  was  made, 
whatever  might  be  its  amount,  with  a  bona  fide  inten- 
tion to  bind  the  contract.  I  can  put  a  case  of  very 
probable  occurrence  to  illustrate  the  practical  impor- 
tance of  this  question  of  "  earnest."  Suppose  that 
A  should  buy  a  horse  from  the  groom  of  B,  for  .£50, 
and  pay  a  shilling  to  bind  the  bargain.  The  groom, 
to  a  certainty,  would  expend  the  shilling  on  gin, 
regarding  it  as  part  of  his  fee,  or  "reglars,"  as  they 


IN   SEARCH  OF  A   HORSE.  257 

call  it ;  the  man  consequently  gets  drunk  on  his 
way  home,  and  when  the  animal  is  sent  for  in  the 
evening,  his  knees  are  broken.  On  whom  does  the 
loss  fall  ?  This  would  turn  upon  the  question 
whether  the  shilling  was  "earnest,"  paid  to  bind  the 
bargain. 

s 

Although  I  have  pointed  out  the  important  dis- 
tinction between  contracts  relating  to  land,  and 
those  relating  to  goods,  yet,  as  the  doctrine  relating 
to  the  former  has  an  important  bearing  on  the  latter, 
so  far  as  the  subject  of  part  delivery  or  part  payment 
is  concerned,  I  will  refer  my  readers  to  the  names  of 
some  cases,  in  w^hich  the  doctrine  of  part  perform- 
ance as  to  land  was  argued ;  especially  as  the  opi- 
nions of  the  courts  seem  to  have  been  divided  on  the 
subject.  Vide  Main  v.  Melbourne,  4  Vesey,  720 ; 
Lord  Fingall  v.  Ross,  2  Equity  Abridgment,  46 ; 
Leak  v.  Morrice,  2  Chancery  Cases,  135 ;  Clinan  v, 
Cooke,  1  Scholes  and  Lefroy,  40 ;  and  Watt  v. 
Evans,  before  Lord  Lyndhurst,  at  the  Exchequer 
Sittings,  after  Trinity  term,  1834,  in  which  all  these 
cases  are  referred  to. 

The  third  question  which  I  mentioned  as  of  com- 
mon occurrence  under  the  statute,  is  whether  a  note 


258  THE  ADVENTURES  OF  A  GENTLEMAN 

or  memorandum  in  writing  has  been  signed  by  the 
parties  or  their  authorized  agents.  This  question 
usually  arises  out  of  the  careless  manner  in  which  all 
occasional  transactions  of  buying  and  selling  are  re- 
corded. It  may  be  laid  down  as  a  general  rule,  that 
if  the  substance  of  the  contract,  that  is,  the  price 
given,  the  article  sold,  and  the  names  of  the  buyer 
and  seller,  are  stated  upon  paper,  this  will  amount 
to  a  memorandum  within  the  statute ;  it  is  not  neces- 
sary that  the  bargain  should  be  detailed  in  all  its 
minor  and  concomitant  circumstances,  nor  that  the 
signature  should  be  formally  attached  to  any  parti- 
cular part  of  the  memorandum ;  nor  even  that  it 
should  be  written,  instead  of  printed  on  the  bill  of 
parcels,  if  there  is  any  evidence  to  show  a  recogni- 
tion of  the  printed  form.  The  leading  cases  upon 
which  I  rely,  upon  these  points,  are,  Egerton  v.  Mat- 
thews, 6  East,  307;  Champion  v,  Plummer,  1  Bosan- 
quet  and  Puller,  254 ;  Schnieder  v.  Norris,  2  Maule 
and  Selwyn,  286 ;  and  Elmore  v.  Kingscote,  8  D. 
and  R.,  343.  I  do  not  extract  these  cases,  because, 
excepting  the  last,  they  have  no  immediate  reference 
to  the  subject  of  horse-dealing:  the  memorandum 
must  be  signed,  either  by  the  parties,  or  by  their 


IN   SEARCH  OF  A  HORSE.  259 

agents  lawfully  authorized ;  an  auctioneer  is  a  law- 
fully authorized  agent  of  both  parties,  but  the  memo- 
randum which  he  makes  of  the  sale  must  be  a  suffi- 
cient memorandum,  answering  the  description  which 
I  have  already  given.  It  is  not  necessary  that  the 
agent  should  possess  an  authority  in  writing ;  it  is 
quite  sufficient  if  his  authority  to  act  is  sustained  by 
the  circumstances  in  which  he  is  placed,  or  the  ver- 
bal instructions  given  to  him  by  his  principal.  The 
nature  of  an  agent's  autliority,  and  the  manner  in 
which  he  may  be  constituted,  will  appear  more  fully 
hereafter,  when  I  advert  to  the  subject  of  warranty. 

On  all  these  points,  it  will  be  prudent  to  refer  to 
the  case  of  Coles  v.  Trecothick,  9  Vesey,  234 ;  where 
a  very  labored  judgment  has  been  given  by  Lord 
Eldon,  upon  the  construction  of  the  statute  of  frauds, 
in  reference  to  the  agency  of  an  auctioneer,  and 
generally  to  the  authority  of  an  agent  to  sign  a 
memorandum  within  the  statute :  Coles  v.  Trecothick 
is  considered  a  leading  case. 

There  is  also  a  case  of  Graham  v.  Musson,  which 
I  find  reported  in  the  "Law  Journal"  of  the  5th  of 
June,  1839,  in  which  it  was  held  that  a  memoran- 
dum of  a  sale,  entered  and  signed  by  the  vendor's 


260     THE  ADVENTURES  OF  A  GENTLEMAN 

traveller  in  the  book  of  the  purchaser,  and  in  his 
presence,  and  by  his  desire,  did  not  constitute  a 
memorandum  in  writing  within  the  statute,  the  tra- 
veller not  being  the  agent  of  both  parties. 

There  is  only  one  topic  remaining  connected  with 
the  original  making  of  the  contract,  to  which  I  pro- 
pose to  allude. 

It  is  much  to  be  regretted  that  in  the  case  of 
horse-dealing,  more  perhaps  than  in  any  other  of  the 
ordinary  transactions  of  life,  the  decorum  of  the  Sab- 
bath is  violated ;  and  I  must  acknowledge  with  sor- 
row, that  I  have  too  often  been  personally  a  witness 
to  the  fact.  The  purchase  of  a  horse  is  as  often  con- 
sidered a  matter  of  amusement,  as  one  of  business ; 
and  Sunday  being  an  idle  day,  when  young  men  are 
generally  on  the  look-out  for  amusement,  a  lounge  in 
a  dealer's  stables  is  a  common  resource :  this  may  be 
noticed  particularly  at  Tattersall's ;  the  horses,  it  is 
true,  are  not  shown  upon  that  day,  not  even  in  the 
stables,  till  after  divine  service;  but  about  two  or 
three  o'clock  the  place  is  frequented  by  a  great  many 
people,  with  a  view  to  prepare  themselves  for  the 
auction  on  Monday.  In  a  minor  degree,  the  same 
custom  obtains  in  the  dealer's  yard,  especially  at  the 


IN   SEARCH  OF  A  HORSE.  261 

west  end  of  the  town ;  and  no  doubt  many  bargains 
are  made  on  these  occasions.  If  it  were  for  no  other 
object  than  to  check  a  system  which  is  justly  offen- 
sive to  public  feeling,  I  should  quote  the  following 
ease,  from  which  it  appears  as  well  that  a  sale  of 
goods  by  a  dealer  in  the  ordinary  course  of  trade,  is 
void  if  made  upon  a  Sunday,  as  that  it  is  valid  if 
made  by  private  individuals  out  of  their  ordinary 
course  of  business. 

1  Taunton,  131,  Drury  v.  De  Fontaine — "  A  sale 
of  goods  not  made  in  the  exercise  of  the  ordinary 
calling  of  the  vendor  or  his  agent,  is  not  void  at 
common  law,  or  by  the  statute  29  Char.  II.  cap.  T." 

The  plaintiff,  a  banker,  sent  a  horse  to  Hull's  com- 
mission and  auction  stables  for  sale :  the  defendant 
called  on  a  Sunday,  and  having  tried  the  horse  for 
an  hour,  requested  leave  to  show  it  to  one  M'Kenzie. 
Leave  was  given,  on  condition  of  bringing  back 
either  the  horso  or  ^100  by  two  o'clock :  if  not  re- 
turned by  that  hour,  the  horse  should  be  the  defen- 
dant's. It  was  not  returned  till  eight,  when  Hull 
refused  to  receive  it :  the  question  for  argument  was, 
whether  the  sale  was  void,  being  made  on  Sunday. 
Mansfield,  C.  J.,  "  The  bargaining  for,  and  selling 
23 


262     THE  ADVENTURES  OF  A  GENTLEMAN 

horses  on  a  Sunday  is  certainly  a  very  indecent 
thing,  and  what  no  religious  person  would  do :  but 
we  cannot  discover  that  the  law  has  gone  so  far  as  to 
say,  that  every  contract  made  on  a  Sunday  shall  be 
void,  although  under  these  penal  statutes,  if  any  man 
in  the  exercise  of  his  ordinary  calling  should  make  a 
contract  on  the  Sunday,  that  contract  would  be  void. 
The  horse  was  not  sent  to  Hull  for  the  purpose  of 
private  sale,  but  to  be  sold  by  auction ;  therefore 
Hull  did  not  sell  this  horse,  properly  speaking,  as  a 
horse-dealer.  The  sale  of  horses  by  private  contract 
was  not  Drury's  ordinary  calling,  nor  was  it  Hull's." 
In  Eennel  v.  Ridler,  8  D.  and  R.  204,  it  was 
decided  that  the  statute  29  Char.  II.  cap.  7,  for- 
bidding the  exercise  of  ordinary  callings  on  Sunday, 
applies  to  private  as  well  as  to  public  contracts ;  and 
therefore,  that  a  horse-dealer  cannot  maintain  an 
action  upon  a  private  contract  for  the  sale  and  war- 
ranty of  a  horse,  if  made  on  a  Sunday :  it  was  held, 
however,  in  an  earlier  case,  of  Bloxsome  v.  Williams, 
5  D.  and  R.  82,  that  in  an  action  on  the  warranty  of 
a  horse,  the  defendant  could  not  be  allowed  to  set  up 
in  answer  thereto,  that  he  was  a  horse-dealer,  and 
sold  the  horse  on  a  Sunday,  contrary  to  the  provi- 


IN   SEARCH  OF  A   HORSE.  263 

sions  of  the  statute,  for  of  course  a  man  cannot  set 
up  his  own  wrong  doing,  as  a  defence  in  a  court  of 
law :  but  in  this  case  it  is  to  be  noticed  that  the 
buyer  was  not  aware  of  the  profession  of  the  dealer. 

It  must  be  borne  in  mind,  that  although  the  con- 
tract may  be  void  by  reason  of  its  being  made  on  a 
Sunday,  yet  if  a  purchaser  makes  a  subsequent  pro- 
mise to  pay,  the  value  of  the  horse  may  be  reco- 
vered, not  upon  the  original  contract,  but  on  the 
subsequent  undertaking  :  Williams  v.  Paul,  4  M.  and 
P.  532. 

Another  general  rule  of  law  is,  that  no  title  can  be 
made  to  stolen  property,  and  that  no  contract  is  valid, 
founded  upon  fraud. 

In  Lofft's  Reports,  601,  it  is  decided  that  trover 
will  not  lie  for  goods  which,  upon  the  facts  proved, 
appeared  to  have  been  feloniously  taken ;  and  in 
Grimson  v.  Woodfall,  2  Carrington  and  Payne,  page 
41,  it  was  further  decided,  that  if  a  party  has  good 
reason  to  believe  that  his  goods  have  been  stolen,  he 
cannot  maintain  trover  against  the  person  who  bought 
them  of  the  supposed  thief,  unless  he  has  done  every 
thing  in  his  power  to  bring  the  thief  to  justice  ;  but 
these  cases  do  not  take  away  the  loser's  right  to  ob- 


264     THE  ADVENTURES  OF  A  GENTLEMAN 

tain  restitution  of  his  goods  ;  for  the  right  of  resti- 
tution where  the  thief  is  prosecuted  to  conviction,  is 
secured  by  an  Act  of  Parliament,  21  Hen.  VIII. 
cap.  11. 

They  only  affect  that  right  in  the  absence  of  a  pro- 
secution. By  the  Act  of  7  and  8  Geo.  IV.  cap.  29, 
§  57,  (commonly  called  Peel's  Act,)  it  is  provided, 
that  in  the  case  of  offences  committed  under  that 
act,  if  the  thief  or  receiver  of  stolen  property  shall 
be  indicted  and  convicted  by  the  owner,  the  court 
may  order  restitution  of  the  property  to  the  owner 
in  a  summary  manner,  except  in  the  case  of  negoti- 
able instruments  bond  fide  taken  without  notice,  and 
for  valuable  consideration  ;  there  is  however,  an  im- 
portant distinction  to  be  noticed  as  regards  the  power 
of  enforcing  restitution,  even  where  the  thief  has 
been  prosecuted,  to  conviction;  in  such  a  case,  the 
owner  may  enforce  restitution  from  any  party  in 
whose  possession  he  actually  finds  the  goods ;  vide 
Packer  v.  Gillies,  2  Campbell,  336  (note.)  And  in 
one  case  in  Noy's  Reports,  128,  the  owner  recovered 
from  the  defendant  the  proceeds  of  the  stolen  goods ; 
but  he  cannot  enforce  his  restitution  from  a  party 
who  has  bought  the  goods  in  market  overt,  and  re- 


IN  SEARCH  OF  A  HOESB.  265 

sold  them  before  the  the  thief  was  convicted;  not 
even  though  the  purchaser  had  notice  of  the  rob- 
bery: this  doctrine  is  laid  down,  after  elaborate 
argument  in  Horwood  v.  Smith,  2  Term  Reports, 
750. 

In  a  case  where  goods  had  been  obtained,  not  by 
felony  but  by  fraud,  and  then  had  been  pawned  by 
the  swindler,  it  was  held  that  notwithstanding  a  pro- 
secution to  conviction,  and  although  the  owner  had 
recovered  possession  of  his  goods,  the  pawnbroker 
could  recover  against  him  the  money  which  he  had 
lent  ;*  vide  Parker  v.  Patrick,  5  Term  Reports, 
175.  In  the  case  of  stolen  horses,  however,  there  is 
some  difference,  occasioned  by  two  statutes  which 
have  been  expressly  made  on  the  subject ;  the  first 
of  these  is  the  2  and  3  Philip  and  Mary,  c.  7,  which 
regulate  the  manner  in  which  horses  are  to  be  sold  in 
fairs  and  markets,  and  requires  a  note  to  be  made 
of  all  horses  so  sold ;  the  other  statute,  of  the  31st 
Elizabeth,  cap.  12,  requires  that  the  sellers  of  horses 

*  I  have  a  strong  impression  that  by  some  recent  statute,  a 
pa-vrnbroker  is  compellable  to  restore  stolen  goods  gratuitously,  on 
proof  of  the  robbery,  though  no  prosecution  follows  ;  but  I  cannot 
at  the  moment  recall  the  act  to  my  mind. 

23* 


266     THE  ADVENTURES  OF  A  GENTLEMAN 

in  fairs  and  markets  shall  be  known  to  the  toll-taker, 
or  some  other  who  will  account  for  the  sale  ;  which, 
with  the  price,  is  to  be  entered  in  the  toll-book,  and 
a  note  given  to  the  buyer,  otherwise  the  contract  is 
void  ;  and  by  the  4th  section  of  this  act,  notwith- 
standing the  previous  directions  shall  have  been  duly 
observed,  the  owner's  property  in  the  horse  is  not 
divested  for  six  months  after  the  sale,  and  he  may 
recover  it  by  the  order  of  a  magistrate  upon  payment 
to  the  purchaser  of  so  much  money  as  he  bond  fide 
gave  at  the  fair.  Thus  stolen  horses  may  be  reco- 
vered even  after  a  sale  in  market  overt,  and  that  by 
a  summary  process  before  a  magistrate,  and  they  so 
far  differ  from  other  stolen  goods.  It  is  right  to  be 
a  little  more  specific  in  explaining  the  regulations 
which  the  statute  requires  to  be  observed.  First, 
the  horse  must  be  exposed  openly  in  the  place  used 
for  sales  one  whole  hour,  between  ten  in  the  morning 
and  sunset,  and  afterwards  brought  by  both  vendor 
and  vendee  to  the  book-keeper  of  the  fair  or  market : 
secondly,  toll  must  be  paid,  if  any  due,  and  if  not, 
one  penny  to  the  book-keeper,  who  shall  enter  the 
price,  color,  and  marks  of  the  horse,  with  the  names, 
additions,  and  abode  of  the  vendor  and  vendee  :  and 


IN  SEARCH  OF  A  HOESE.  267 

if  the  vendor  is  not  known  to  the  book-keeper,  the 
vendor  shall  bring  one  credible  witness,  whose  name 
in  like  manner  is  to  be  entered,  to  avouch  his  know- 
ledge of  him. 

If  the  horse  is  stolen,  the  owner  must  make  his 
claim  within  six  months,  and  must  prove  his  property 
and  tender  the  price  paid,  within  forty  days  from 
making  his  claim. 

Not  many  cases  appear  to  have  arisen  upon  the 
construction  of  this  act,  but  there  is  one,  Josephs  v. 
Adkins,  2  Starkie,  76,  which  deserves  mention.  It 
was  here  decided  by  Lord  Ellenborough,  that  "a  ma- 
gistrate has  no  power  under  the  statute  of  Elizabeth, 
to  cause  a  stolen  horse  to  be  re-delivered  up  to  the 
owner,  unless  proof  of  the  actual  theft  be  first  given ; 
and  also,  that  although  a  constable  may  be  armed 
with  a  warrant  against  a  thief  he  is  not  justified  in 
taking  the  horse  out  of  the  possession  of  ano- 
ther party,  who  had  bond  fide  purchased  him  from 
the  thief." 

We  have  now  to  consider  the  important  subject  of 
warranty. 

Warranty  is  of  two  kinds,  express  or  implied.  On 
the  bargain  and  sale  of  goods,  the  general  maxim  is 


268     THE  ADVENTURES  OF  A  GENTLEMAN 

caveat  emptor:  that  is,  the  law  will  not  hold  the 
seller  answerable  for  the  goodness  or  soundness  of 
the  article  sold,  unless  he  expressly  warrants  it  to  be 
good  or  sound.  And  by  the  general  rule,  such  war- 
ranty cannot  be  implied  from  the  mere  circumstances 
under  which  the  sale  took  place  ;  such  as  the  amount 
of  the  price  paid,  &c.  There  are  some  cases,  never- 
theless, in  which  a  warranty  will  be  implied  with 
respect  to  the  quality  of  the  article ;  and  it  may  be 
laid  down  in  general,  that  where  an  article  is  asked 
for,  to  answer  a  particular  purpose,  its  fitness  for 
that  purpose  being  left  entirely  to  the  judgment  of 
the  seller,  the  seller  i7n'pliedly  warrants  that  it  is  fit 
for  that  purpose  ;  more  particularly,  if  the  case  be 
such,  that  the  buyer  has  not  had  an  opportunity  of 
judging  for  himself  with  respect  to  the  sufficiency  of 
the  article  sold.  Thus,  in  Bluett  v.  Osborne,  1 
Starkie,  384;  it  will  be  noticed  that  though  fraud 
formed  no  part  of  the  case,  yet  Lord  Ellenbo- 
rough's  opinion  was  decidedly  expressed,  and  in  the 
ensuing  term,  the  court  refused  a  rule  nisi  for  a  new 
trial. 

Bluett  V.  Osborne,  1  Starkie,  38-i. — ''A  sells  to  B 
a  bowsprit,  which,  at  the  time  of  sale  appears  to  be 


IN  SEAKCH  OF  A  HORSE.  269 

perfectly  sound,  but  wliicli  after  being  used  some  time, 
turns  out  to  be  rotten :  in  the  absence  of  fraud,  A  is 
entitled  to  recover  from  B,  what  the  bowsprit  was  ap- 
parently worth  at  the  time  of  delivery." 

Lord  Ellenborough  : — "  A  person  who  sells  im- 
pliedly, warrants  that  the  thing  sold  shall  answer  the 
purpose  for  which  it  is  sold.  In  this  case,  the  bow- 
sprit was  apparently  good,  and  the  plaintiff  had  an 
opportunity  of  inspecting  it ;  no  fraud  is  complained 
of,  but  the  bowsprit  turned  out  to  be  defective  on 
cutting  it  up :  I  think  the  defendant  is  liable,  on  ac- 
count of  the  subsequent  failure.  In  the  case  cited, 
what  the  plaintiff  deserved  was  the  value  of  the  build-, 
ing ;  what  he  deserves  here,  is  the  apparent  value  of 
the  article  at  the  time  of  delivery." 

It  is  right,  however,  to  collate  this  case  with  a 
previous  decision  of  the  same  judge,  in  the  case  of 
Fleming  v.  Simpson,  which  will  be  found  in  a  note 
1  Camp.  40,  though  the  cases  are  clearly  distin- 
guishable. 

I  will  further  illustrate  this  principle,  by  a  simple 
case.  If  a  man  applies  to  a  dealer  for  a  horse  to 
draw  his  carriage,  avowedly  trusting  to  the  dealer's 
judgment  of  his  fitness,  and  the  dealer  sells  him  a 


270     THE  ADVENTURES  OF  A  GENTLEMAN 

lif>rse  unused  to  harness,  and  consequently  unsafe, 
the  dealer  is  liable  for  the  breach  of  his  implied 
warranty,  and  for  all  damages  sustained  in  conse- 
quence ;  hence  the  purchaser  might  not  only  recover 
back  the  price  which  he  had  paid,  but  compensation 
for  any  injury  done  by  the  horse  to  his  carriage  or 
his  person. 

But  this  kind  of  implied  engagement  relates  to 
the  fitness  of  the  article  for  its  purpose,  rather  than 
its  goodness  or  soundness.  Besides,  it  is  not  often 
practicable  to  give  satisfactory  evidence  of  the  exact 
intercourse  between  the  parties  on  the  sale  of  the 
goods,  especially  in  the  case  of  horses ;  hence,  a 
purchaser  is  generally  unwilling  to  be  satisfied  with 
an  implied  engagement,  depending  on  the  vendor's 
knowledge  of  the  purpose  for  which  the  animal  is 
required.  He  therefore  exacts  an  express  undertaking 
as  to  the  quality  of  soundness,  and  such  an  under- 
taking is  called  a  warranty. 

Though  the  word  "warranty"  applies  to  such 
undertakings  in  all  cases,  it  is  a  phrase  most  com- 
monly used  in  horse-dealing  transactions. 

It  is  clearly  established,  more  particularly  in  the 
case  of  horses,  that  a  warranty  of  soundness  cannot 


IN  SEARCH  OF  A  HORSE.  271 

be  implied,  but  that,  in  order  to  make  the  seller 
liable  for  unsoundness,  he  must  have  given  an 
express  warranty.  It  is,  however,  to  be  observed, 
that  if  the  seller  makes  any  representations  as  to 
the  horse,  (though  it  be  not  intended  as  a  warranty,) 
and  that  representation  be  falsely  made,  he  is  liable 
in  damages  for  the  fraud;  and  the  buyer  is  not 
bound  to  keep  the  horse,  the  contract  being  void,  ah 
initio,  for  the  fraud;  but  the  seller  is  liable  in  these 
cases  only ;  and,  therefore,  my  readers  will  recollect, 
that  in  buying  a  horse,  they  ought  to  take  an  express 
warranty  of  soundness,  or  they  will  otherwise  be 
without  remedy  if  the  horse  proves  unsound,  unless 
they  can  prove  representations  falsely,  and  therefore 
fraudulently  made ;  and  the  same  remarks  apply  to 
age,  freedom  from  vice,  «&c.,  and  generally  to  all  the 
horse's  qualities. 

I  propose  to  classify  the  cases  to  which  I  shall 
refer  under  the  three  heads  that  I  have  mentioned, 
Implied  Warranty — Fraudulent  Representation — and 
Express  Warranty.  Some  of  them,  however,  will  be 
perceived  to  have  an  indirect  bearing  upon  either 
subject ;  and  some  will  appear  a  little  conflicting  with 


272     THE  ADVENTURES  OF  A  GENTLEMAN 

each  other.  My  object  being  to  mention  every  case* 
that  I  can  find  connected  with  the  subject  of  horse- 
dealing,  I  think  it  better  to  omit  none,  even  at  the 
hazard  of  involving  my  readers  in  some  uncertainty 
as  to  the  result.  My  own  opinion  I  have  already 
given,  and  it  has  been  formed  on  an  attentive  perusal 
of  the  whole. 

On  the  subject  of  implied  warranty,  the  first  case 
to  which  I  shall  refer  is  the  case  of  Hern  v.  Nicholls, 
1  Salk.  289,  where  an  action  was  brought  on  the 
sale  of  silk,  which  was  sold  as  silk  of  a  particular 
sort,  which  it  was  not ;  though  the  deceit  was  not 
practiced  by  the  defendant,  but  by  his  factor 
abroad,    the   court    held    him    responsible   for    the 

^  Some  of  my  sporting  friends  who  have  been  parties  to  actions 
at  law  in  horse-dealing  transactions,  have  expressed  to  me  their 
surprise  at  not  finding  any  allusion  to  their  cases ;  but  they  must 
understand  that  no  cases  are  reported  in  our  law  books  unless 
they  involve  some  legal  question.  When,  therefore,  I  speak  of 
mentioning  every  case,  I  of  course  only  mean  every  case  which 
governs  the  law  of  the  subject :  for  a  similar  reason  I  omit  even 
horse-dealing  cases,  where  they  only  refer  to  some  point  of 
pleading  or  of  practice,  equally  applicable  to  all  contracts  for 
goods. 


IN  SEARCH  OF  A  HORSE.  278 

deceit  of  his  factor.  The  case  of  Brown  v.  Eding- 
ton,  tried  in  the  Common  Pleas,  at  the  London 
sittings,  on  the  9th  December,  1839,  deserves 
mention,  because  Mr.  Justice  Maule  reserved  the 
point  on  the  necessity  of  the  plaintiff's  proving  the 
defendant's  knowledge  of  the  inferior  quality  of  the 
article  sold.  It  was  not  an  action,  however,  upon  a 
warranty,  but  for  the  value  of  a  pipe  of  wine  which 
had  been  lost  in  consequence  of  a  crane  rope  giving 
way  while  being  swung  into  the  cellar;  that  rope 
having  been  purchased  from  the  defendant,  for  the 
use  of  the  crane,  and  being  proved  to  be  of  a 
quality  and  material  wholly  unfit  for  the  purpose. 
I  cannot  discover  that  any  motion  to  set  aside  the 
verdict  was  subsequently  made,  though  the  jury 
found  specially  that  the  defendant  did  not  know 
the  inferior  quality  of  the  rope  ;  nor  can  I  find  any 
authentic  report  of  the  case  itself.  Though  I 
allude  to  this  case,  as  one  to  a  certain  extent 
involving  the  doctrine  of  implied  warranty,  the 
reader  will  readily  perceive  that  it  is  distinguishable 
from  those  already  quoted,  as  being  an  action  for 
damage  sustained  in  consequence  of  the  inadequacy 
of  the  article  purchased.  In  6  Taunt.  108,  Laing  v. 
24 


274     THE  ADVENTURES  OF  A  GENTLEMAN 

Fidgeon,  the  court  held  that  "  in  every  contract  for 
the  supply  of  manufactured  goods,  there  is  an 
implied  term  that  the  goods  shall  be  of  merchantable 
character." 

In  Gardiner  v.  Gray,  4  Camp.  144,  the  plaintiff 
had  purchased  twelve  bags  of  "waste  silk:"  when 
delivered,  they  appeared  to  be  of  such  inferior 
quality  that  they  were  not  saleable  as  waste  silk. 
Lord  Ellenborough  held  that  the  purchaser  had  a 
right  to  expect  a  saleable  article,  answering  the 
description  in  the  contract ;  and  that  without  any 
particular  warranty,  it  is  an  implied  term  in  every 
such  contract.  "  Where  there  is  no  opportunity  of 
inspecting  the  commodity,  the  rule  of  caveat  emptor 
does  not  apply.  He  cannot  without  a  warranty, 
insist  that  it  shall  be  of  any  particular  quality  of 
jBneness ;  but  the  intention  of  both  parties  must  be 
taken  to  be,  that  it  shall  be  saleable  in  the  market 
under  the  denomination  mentioned  in  the  con- 
tract." 

In  Bridge  v.  Wain,  1  Starkie,  504,  Lord  Ellen- 
borough  ruled,  that  "if  goods  were  sold  by  the 
name  of  '  scarlet  cuttings,'  and  so  described  in  the 
invoice,  an  understanding  that  they  were  so  must  be 


IN  SEARCH  OF  A  HORSE.  275 

inferred ;  but  to  satisfy  an  allegation  that  thej  were 
warranted  to  be  of  any  particular  quality,  proof  must 
be  given  of  such  a  warranty ;  however,  a  warranty  is 
implied  that  they  were  that  for  which  they  were  sold.'" 

In  Shepherd  v.  Kain,  5  B.  and  A.  240,  a  ship  had 
been  sold  which  was  described  in  the  advertisement 
of  the  sale,  as  ''  a  copper-fastened  vessel :"  the  adver- 
tisement also  stated,  "  The  vessel  with  her  stores,  as 
she  now  lies,  to  be  taken,  with  all  her  faults,  without 
allowance  for  any  defects  whatsoever."  The  plaintiff 
had  full  opportunity  of  examining  her ;  but  after  his 
purchase,  it  turned  out  that  she  was  not  copper- 
fastened.  The  court  held  that  the  action  lay,  and 
that  the  terms,  "with  all  faults,"  must  mean  with  all 
faults  which  the  vessel  might  have  consistently  with 
being  the  thing  described. 

In  Fletcher  v.  Bowsher,  2  Starkie,  561,  the  ship 
was  also  to  be  taken  with  all  faults ;  but  the  vendor 
had  represented  her  to  be  a  year  younger  than  she 
was,  and  was  held  liable  for  the  deceit.  I  quote  the 
case  principally  for  a  dictum  of  Chief  Justice  Abbott, 
"A  person  ought  either  to  be  silent  or  to  speak  the 
truth ;  and  in  case  he  spoke  at  all,  was  bound  to  dis- 
close the  real  fact." 


276     THE  ADVENTURES  OF  A  GENTLEMAN 

In  a  very  recent  case  of  Chanter  v.  Hopkins,  4 
Mees.  and  Wils.  399,  where  the  defendant  had 
sent  an  order  in  the  following  terms, — "Send  me 
your  patent  copper  and  apparatus  to  fit  up  my  brew- 
ing copper  with  your  smoke-consuming  furnace," 
and  in  an  action  of  assumpsit  for  the  price  of  the 
copper,  which  had  been  agreed  upon,  the  jury  found 
that  the  smoke-consuming  furnace  was  useless  to  the 
defendant  in  his  brewery,  it  was  held  that  the  plain- 
tiff was  entitled  to  recover  the  full  price,  no  fraud 
being  imputed  to  him,  inasmuch  as  the  order  was 
for  a  specific,  defined  chattel,  which  was  supplied ; 
and  that  no  warranty  that  it  would  answer  the 
required  purpose  could  be  imported  into  the  contract. 
This  case  seems  to  clash  a  little  with  Gray  and  Cox, 
quoted  in  the  next  page,  but  I  will  add  the  remarks 
of  Baron  Parke,  as  they  will  clearly  show  the  grounds 
of  the  decision.  "  The  law  is  clear,  that  you  cannot 
add  to  or  diminish  the  written  contract  by  anything 
in  parole  which  may  have  occurred  between  the  par- 
ties. If,  indeed,  there  has  been  any  fraudulent 
representation,  the  buyer  may  relieve  himself  from 
the  contract  on  the  ground  of  fraud  ;  but  the  defend- 
ant does  not  impute  fraud  to  the  plaintift' ;  he  cannot 


IN  SEARCH  OF  A  HORSE.  277 

then  be  allowed  to  give  parole  evidence  of  any  war- 
ranty not  contained  in  the  written  agreement  itself ; 
and  the  question  is  therefore  reduced  to  the  construc- 
tion of  the  words  of  the  agreement  as  contained  in 
the  order." 

It  may  not  be  inexpedient  to  observe  to  an  unpro- 
fessional reader,  that  in  this  case,  the  defendant,  by 
specifically  describing  the  article  that  he  wanted, 
took  upon  himself  entirely  the  risk  of  its  answering 
his  purpose,  and  though  he  explained  what  that  pur- 
pose was,  he  did  not  offer  to  throw  on  the  seller  a-ny 
of  the  responsibility  of  the  article  proving  unfit  for 
it :  he  seems  to  have  relied  exclusively  on  his  own 
judgment,  and  consequently  he  relieved  the  seller 
from  any  implied  warranty  that  his  apparatus  would 
answer  the  end  desired.  This  will  distinguish  the 
case  from  Gray  v.  Cox. 

In  the  preceding  cases  the  doctrine  of  implied  war- 
ranty seems  to  be  very  intelligibly  laid  down ;  but  in 
the  case  which  I  am  about  to  quote,  relating  to  a  sale 
of  copper  in  sheets,  and  which  it  is  much  to  be  re- 
gretted, does  not  appear  to  have  been  solemnly 
argued,  although  the  same  principle  of  warranty  by 
implication  is  partially  confirmed  as  respects  other 
24* 


278     THE  ADVENTURES  OF  A  GENTLEMAN 

articles  of  trade,  is  left  uncertain  as  respects  the 
horse. 

Gray  v.  Cox,  1  C.  and  P.,  184. — "  If  a  commodity 
having  a  fixed  value,  is  sold  for  a  particular  purpose, 
and  it  turns  out  unfit,  an  action  lies,  though  there 
has  been  no  warranty." 

Abbott,  C.  J.  on  the  trial  :  "  I  think  at  present  it 
is  not  a  case  for  a  nonsuit.  My  direction  to  the  jury 
will  be  on  the  case  as  it  now  stands,  that  where  a 
commodity  having  a  fixed  price  or  value,  which  dis- 
tinguishes this  from  the  case  of  a  sale  of  a  horse, 
which  has  no  fixed  value, — where,  I  say,  such  com- 
modity is  sold  for  a  particular  purpose,  it  must  be 
understood  that  it  is  to  be  reasonably  fit  and  proper 
for  that  purpose  ;  and  when  I  say,  reasonably  fit  and 
proper,  I  mean  that  a  few  defective  sheets  will  not 
show  that  it  is  not  fit  and  proper;"  The  verdict  was 
for  the  plaintifi",  and  a  rule  nisi  was  obtained  for  a 
new  trial.  On  the  argument  Mr.  Justice  Littledale 
observed,  that  "  the  case  of  Chandelor  v.  Lopus  (here- 
after quoted)  went  much  too  far."  The  case  was  re- 
served for  further  argument ;  but  I  cannot  find  that 
the  argument  was  ever  resumed.  I  apprehend  the 
meaning  of  a  horse  wanting  a  'fixed  value,'  simply 


IN   SEARCH  OP  A   HORSE.  2T9 

to  be  that  its  value  is  arbitrary,  and  not  fixed  by 
any  given  standard. 

In  Prosser  v.  Hooper,  1  Moore,  106,  "  The  phain- 
tiff  bought  saifron  Of  an  inferior  quality,  which, 
having  kept  six  months  and  sold  part,  he  then  ob- 
jected that  the  article  was  not  saffron.  Held  in  an 
action,  for  a  breach  of  warranty,  that  from  the  length 
of  time  and  the  inferior  price  given,  it  was  such  an 
article  as  the  plaintiff  intended  to  purchase." 

The  warranty  was  merely  that  the  sale-note  called 
the  article  sold  by  the  name  of  ''  saffron."  Vide 
also  Jones  v.  Bright,  3  M.  and  P.  155. 

This  case  of  Prosser  v.  Hooper,  may  perhaps  have 
given  rise  to  the  erroneous  but  common  opinion  here- 
after mentioned,  that  a  low  price  necessarily  implies 
that  no  warranty  is  given. 

I  shall  quote  a  few  more  cases  w^hich,  while  they 
sustain  the  doctrine  of  implied  warranty,  explain  the 
nature  of  the  liability  incurred  by  fraudulent  repre- 
sentation, being  the  second  division  of  my  subject. 

In  Mellish  v.  Motten,  Peake's  Cas.  156,  "The 
seller  of  a  ship  is  bound  to  disclose  to  the  buyer  all 
latent  defects  known  to  him." 

The  ship  was  purchased  with  all  faults ;  on  taking 


280     THE  ADVENTURES  OF  A  GENTLEMAN 

out  her  ballast  it  was  discovered  that  twenty-two  of 
her  futtocks  were  broken.  It  was  contended  that 
the  rule  of  caveat  emptor  applied. 

Lord  Kenyon :  "  There  are  certain  moral  duties 
which  philosophers  have  called  duties  of  imperfect 
obligation,  such  as  benevolence  to  the  poor,  and 
many  others,  which  courts  of  law  do  not  enforce. 
But  in  contracts  of  all  kinds  it  is  of  the  highest  im- 
portance that  courts  of  law  should  compel  the  obser- 
vance of  honesty  and  good  faith."  "  The  terms  to 
which  the  plaintiff  acceded,  of  taking  the  ship  with 
all  faults,  and  without  warranty,  must  be  understood 
to  relate  only  to  those  faults  which  the  plaintiff  could 
have  discovered,  or  which  the  defendants  were  not 
acquainted  with." 

But  in  Baglehole  v.  Walters,  3  Camp.  154,  Lord 
Ellenborough  held  that  "  if  a  ship  be  sold  with  all 
faults,  the  seller  is  not  liable  to  an  action  in  respect 
of  latent  defects  which  he  knew  of  without  disclosing 
at  the  time  of  sale,  unless  he  used  some  artifice  to 
conceal  them  from  the  purchaser;"  and  this  case  is 
recognized  in  Pickering  v,  Dowson,  4  Taunt.  779  ; 
also  in  Dawes  v.  King,  1  Starkie,  75,  it  is  further 
held,  that  the  deceit  of  the   defendant  must  be  used 


IN   SEARCH  OF  A  HORSE.  281 

for  the  purpose  of  throwing  the  plaintiff  off  his 
guard. 

In  Sheider  v.  Heath,  3  Camp.  506,  Sir  J.  Mans- 
field held  that  "  the  vendor  could  not  avail  himself  of 
a  similar  stipujation  if  he  knew  of  secret  defects  in 
her,  and  used  means  to  prevent  the  purchaser  from 
discovering  them,  or  made  a  fraudulent  representa- 
tion of  her  condition  at  the  time  of  sale." 

In  Parkinson  v.  Lee,  2  East,  314,  which  was  an 
action  respecting  the  sale  of  hops  by  sample,  Mr. 
Justice  Grose  observed,  "If  an  express  warranty  be 
given,  the  seller  will  be  liable  for  any  latent  defect, 
according  to  the  old  law  concerning  warranties.  But 
if  there  be  no  such  warranty,  and  the  seller  sells  the 
thing  such  as  he  believes  it  to  be,  without  fraud,  I  do 
not  know  that  the  law  will  imply  that  he  sold  it  on 
any  other  terms  than  what  passed  in  fact.  It  is  the 
fault  of  the  buyer  that  he  did  not  insist  on  a  war- 
ranty ;  and  if  we  were  to  say  that  there  was,  notwith- 
standing, an  implied  warranty  arising  from  the  con- 
ditions of  the  sale,  we  should  again  be  opening  the 
controversy  which  existed  before  the  case  in  Doug- 
lass." Before  that  time  it  was  a  current  opinion 
that  a  sound  price  given  for  a  horse  was  tantamount 


282     THE  ADVENTURES  OF  A  GENTLEMAN 

to  a  warranty  of  soundness ;  but  wlien  that  came  to 
be  sifted,  it  was  found  to  be  so  loose  and  unsatisfac- 
tory a  ground  of  decision,  that  Lord  Mansfield  re- 
jected it,  and  said  that  there  must  either  be  an  ex- 
press warranty  of  soundness,  or  fraud  in  the  seller,  in 
order  to  maintain  the  action ;  and  Mr.  J.  Lawrence 
observes,  ''  In  1  Rolls'  Abridgement,  p.  90,  it  is  said 
that  if  a  merchant  sell  cloth  to  another,  knowing  it 
to  be  badly  fulled,  an  action  on  the  case,  in  nature  of 
deceit,  lies  against  him,  because  it  is  a  warranty  in 
law.  But  there  is  no  authority  stated  to  show  that 
the  same  rule  holds,  if  the  commodity  sold  have  a 
latent  defect  not  known  to  the  seller  ;  so  again  the 
case  is  there  put,  if  a  man  sell  me  a  horse  with  a 
secret  malady,  without  warranting  it  to  be  sound,  he 
is  not  liable  ;  that  is,  if  there  be  no  fraud.  The  in- 
stances are  familiar  in  the  case  of  horses.  It  is 
known  that  they  have  secret  maladies  which  cannot 
be  discovered  by  the  usual  trials  and  inspection  of 
the  horse — therefore  the  buyer  requires  a  warranty 
of  soundness  in  order  to  guard  against  such  latent 
defects.  Then  how  is  this  case  different  from  the 
sale  of  a  horse,  where  it  is  admitted  that  the  buyer 
must  stand  to  all  such  latent  defects  ?" 


IN  SEARCH  OF  A  HORSE.  283 

There  are  a  few  cases  in  which  the  doctrine  ap- 
pears to  be  held  that  representation  simply  and 
without  fraud,  amounts  to  warranty.  That  doctrine 
is  not,  however,  recognized  ;  but  I  will  quote  the 
authorities  in  favor  of  it : — 

In  the  case  of  Tapp  v.  Lee,  3  Bosanq.  and  Puller, 
367,  a  dictum  of  Lord  Kenyon's  is  quoted,  that  he 
did  not  think  the  proof  of  fraud  necessary ;  but  was 
of  opinion,  that  if  a  man  made  an  assertion  without 
sufficient  ground,  whereby  another  was  injured,  he 
rendered  himself  liable  to  an  action. 

In  Wood  V.  Smith,  4  Carrington  and  Payne,  41, 
Mr.  Justice  Bay  ley  held  that  "whatever  a  person 
represents  at  the  time  of  a  sale  is  a  warranty." 

Also  in  the  case  of  Hellyer  v.  Hawkes,  5  Espi- 
nasse,  72,  the  answer  given  to  the  inquiry  whether 
the  horse  was  free  from  vice,  was  simply  in  the 
affirmative,  unattended  by  circumstances  of  fraud; 
yet  no  question  appears  to  have  been  raised  whether 
this  amounted  to  a  warranty. 

On  the  other  hand  it  is  undoubtedly  laid  down  as 
an  established  point,  in  many  instances,  that  fraud 
is  the  gist  of  the  action  ;  and  this  being  the  state  of 
the  law,  I  must  caution  my  readers  that  they  cannot 


284     THE  ADVENTURES  OF  A  GENTLEMAN 

safely  rely  upon  a  remedy  on  a  warranty  in  the  na- 
ture of  a  representation,  even  where  it  proves  to  be 
a  misrepresentation  of  facts ;  unless  they  have  it  in 
their  power  to  show  that  it  was  made  with  a  know- 
ledge of  its  falsehood,  and  consequently  falls  under 
the  legal  definition  of  fraud:  and  on  this -point  the 
authorities  are  innumerable. 

In  the  case  of  Chandelor  v.  Lopus,  already  men- 
tioned, it  was  decided,  that  the  action  of  trespass  on 
the  case  for  selling  a  jewel,  affirming  it  to  be  a 
bezar-stone,  will  not  lie  where  in  fact  it  is  not  a 
bezar-stone ;  unless  it  be  alleged  that  the  defendant 
knew  it  was  not  a  bezar-stone,  or  that  he  warranted 
it  was  a  bezar. 

Another  case,  to  the  like  eifect,  is  that  of  Roswuel 
V.  Vaughan,  in  Croke,  James,  196. 

The  case  of  Pasley  v.  Freeman,  is  the  leading  case 
upon  this  subject ;  and  of  the  more  value,  because 
Mr.  Justice  Grose  differed  from  his  brethren  in 
opinion.  It  is  to  be  found  in  3  Term  Reports,  51 ; 
and  it  will  be  observed,  that  it  goes  so  far  as  to 
make  a  third  party  liable  for  fraudulent  deceit,  even 
though  he  derives  no  benefit,  and  even  though  there  is 
no  collusion  between  that  third  party  and  the  vendor. 


IN  SEARCH  OF  A  HORSE.  286 

"  A  false  affirmation  made  by  the  defendant,  with 
intent  to  defraud  the  pLiintiff,  whereby  the  plaintiff 
receives  damage,  is  the  ground  of  an  action  upon 
the  case  in  the  nature  of  deceit.  In  such  an  action, 
it  is  not  necessary  that  the  defendant  should  be  bene- 
fited by  the  deceit,  or  that  he  should  collude  with 
the  person  who  is." 

In  vindicating  his  opinion,  Mr.  J.  Grose  says, 
"  Suppose  a  person  present  at  the  sale  of  a  horse, 
asserts  that  he  was  his  horse,  and  that  he. knows  him 
to  be  sound  and  sure-footed,  when  in  fact,  the  horse 
is  neither  the  one  nor  the  other,  according  to  the 
principle  contended  for  by  the  plaintiffs,  an  action 
lies  against  the  person  present,  as  well  as  the  seller ; 
and  the  purchaser  has  two  securities."  Mr.  Justice 
Grose  put  this  hypothetical  case,  to  illustrate  the  un- 
reasonableness of  the  principle,  that  a  stranger  to  a 
contract  incurred  a  personal  responsibility  to  a  pur- 
chaser by  a  false  representation  in  favor  of  the 
seller.  The  principle,  however,  was  nevertheless 
adopted  by  Justices  BuUer  and  Ashurst,  and  by  the 
Chief  Justice  Lord  Kenyon  ;  and  I  shall  quote  some 
of  the  remarks  made  by  Mr.  Justice  Buller,  because 
they  very  clearly  and  concisely  explain  the  principle 
25 


^86     THE  ADVENTURES  OF  A  GENTLEMAN 

of  the  action  for  deceit.  "I  agree,"  said  his  Lord- 
ship, "that  an  action  cannot  be  supported,  for  telling 
a  bare,  naked  lie  ;  but  that  I  define  to  be,  saying  a 
thing  which  is  false,  knowing  or  not  knowing  it  to 
be  so,  and  without  any  design  to  injure,  cheat,  or 
deceive  another  person.  Every  deceit  comprehends 
a  lie  ;  but  a  deceit  is  more  than  a  lie,  on  account  of 
the  view  with  which  it  is  practised :  its  being  coupled 
with  some  dealing,  and  the  injury  which  it  is  calcu- 
lated to  occasion,  and  does  occasion  to  another 
person."  His  Lordship  then  quotes  some  reported 
cases,  and  proceeds,  ''  These  cases  then,  are  so  far 
from  being  authorities  against  the  present  action, 
that  they  show,  that  if  there  be  fraud  or  deceit,  the 
action  will  lie  ;  and  that  knowledge  of  the  falsehood 
of  the  thing  asserted  is  fraud  or  deceit :  collusion 
then,  is  not  necessary  to  constitute  fraud.  Li  the 
case  of  a  conspiracy,  there  must  be  collusion  between 
two  or  more,  to  support  the  indictment ;  but  if  one 
man  alone  be  guilty  of  an  offence,  which,  if  practised 
by  two,  would  be  the  subject  of  an  indictment  for  a 
conspiracy,  he  is  civilly  liable  in  an  action  for  repa- 
ration of  damages,  at  the  suit  of  the  person  injured." 
It  is  also  to  be  noticed  in  this  case,  that  the  period 


IN  SEARCH  OF  A  HORSE.  287 

of  time  when  the  warranty  is  given,  is  held  to  be 
immaterial,  if  the  sale  is  made  on  the  faith  of  it. 
"  And  if  the  warranty  be  made  at  the  time  of  sale, 
or  before  the  sale,  and  the  sale  is  upon  the  faith  of 
the  warranty,  I  can  see  no  distinction  between  the 
cases,"  says  Mr.  Justice  Buller. 

The  authority  of  this  case  was  confirmed  in  Eyre 
V.  Dunsford,  1  East,  318. 

The  case  of  Parkinson  v.  Lee,  2  East,  314,  already 
quoted,  distinctly  confirms  the  case  of  Chandelor  v. 
Lopus ;  and  puts  the  action  of  deceit  upon  very  intel- 
ligible ground,  especially  in  the  instance  of  horse- 
dealing. 

Again,  in  the  case  of  Vernon  v.  Keys,  12  East, 
637,  Lord  Ellenborough  remarks :  "  A  seller  is  un- 
questionably liable  to  an  action  of  deceit,  if  he  frau- 
dulently misrepresent  the  quality  of  the  thing  sold  to 
be  other  than  it  is,  in  some  particulars  which  the 
buyer  has  not  equal  means  with  himself  of  knowing : 
or,  if  he  do  so  in  such  a  manner  as  to  induce  the 
buyer  to  forbear  making  the  inquiries  which,  for  his 
own  security  and  advantage,  he  would  otherwise  have 
made." 

In  6  Vesey,  174,  Evans  v.  Bickncll,  Lord  Eldon 


S8i     THE  ADVENTURES  OF  A  GENTLEMAN 

recognizes  the  authority  of  Pasley  v.  Freeman. 
After  alluding  to  the  case,  his  Lordship  remarks, 
"  It  is  a  very  old  head  of  equity,  that  if  a  represen- 
tation is  made  to  another  person,  going  to  deal  in 
a  matter  of  interest  upon  the  faith  of  that  represen- 
tation, the  former  shall  make  that  representation 
good,  if  he  knows  it  to  be  false." 

In  a  manuscript  case  of  Springwell  v.  Allen, 
referred  to  in  a  note  on  the  case  of  Williamson  v. 
Allison,  in  2  East,  448,  where  an  action  was  brought 
against  Allen,  for  selling  to  Springwell  the  horse  of 
A.  B.,  as  his  own ;  the  plaintiff  could  not  prove  that 
the  defendant  knew  the  horse  to  belong  to  A.  B., 
and  was  nonsuited.  "  For  the  fraud  is  the  gist  of 
the  action,  where  there  is  no  warranty ;  for  there  the 
party  takes  upon  himself  the  knowledge  of  the  title 
to  the  horse,  and  of  his  qualities." 

The  following  case  draws  a  distinction  between 
representation  of  facts  notoriously  beyond  the  know- 
ledge of  the  seller,  and  facts  which  he  cannot  but 
know. 

Jewdwine  v.  Slade,  1  Esp.  Cas.  572. — An  action 
was  brought  on  the  warranty  of  two  pictures  bought 
by  the  plaintiff,  which  the  defendant  had  represented 


IN  SEARCH  OF  A   HORSE.  289 

as  the  works  of  Claude  Lorraine  and  Teniers.  Lord 
Kenyon  held  that  the  action  was  not  maintainable, 
unless  the  defendant  knew  that  the  pictures  were  not 
the  works  of  those  masters ;  for  by  a  representation 
of  a  fact  like  this,  of  which  the  defendant  could  have 
no  certain  knowledge,  he  must  be  understood  as 
speaking  to  his  belief  only. 

My  readers  may  also  refer  to  the  cases  of  Budd 
V.  Fairmaner,  hereafter  quoted,  and  Dunlop  v. 
AYaugh,  Peake's  Rep.  167.  The  last  case  is  as  fol- 
lows : 

"If  a  man,  not  knowing  the  age  of  a  horse,  but 
having  a  written  pedigree  which  he  received  with 
him,  sell  him  as  a  horse  of  the  age  stated  in  the 
pedigree,  at  the  same  time  stating  he  knows  nothing 
of  him  but  what  he  has  learned  from  the  pedigree, 
he  is  not  liable  to  an  action  when  it  appears  that  the 
pedigree  is  false." 

It  should  be  observed  that  the  mark  was  out  of  the 
mouth,  and  the  horse  proved  to  be  fourteen. 

Lord  Kenyon  was  "  clearly  of  opinion  that  this 
was  no  warranty :  the  defendant  related  all  he  knew 
of  the  horse,  and  did  not  enter  into  any  express  un- 
dertaking that  the  horse  was  of  the  age  stated  in  the 
25* 


^ 


290     THE  ADVENTURES  OF  A  GENTLEMAN 

pedigree,  but  stated  the  contents  of  that  pedigree, 
which  the  plaintiff  relied  on." 

These  cases  contain  all  the  law  on  the  subject  of 
fraudulent  misrepresentation ;  but  it  is  necessary, 
however,  for  the  purchaser  to  be  careful  that,  if  he 
makes  any  contract  for  the  purchase  of  the  horse 
which  is  reduced  to  writing,  after  the  negotiation  for 
it  is  over,  there  should  be  introduced  into  the  written 
contract  all  representations  previously  made  of  the 
horse's  qualities;  for  if  he  fails  to  do  this,  he  will 
be  bound  by  the  written  contract ;  and  he  will  not 
be  at  liberty  to  bring  his  action  for  deceit  on  the 
verbal  representations  previously  made.  The  fol- 
lowing case  is  a  leading  authority  upon  this  point, 
and  it  is  the  more  important  because  it  clearly  illus- 
trates the  real  meaning  of  the  legal  maxim,  caveat 
emptor;  but  it  must  be  received  with  reference  to 
the  case  of  Kain  v.  Old,  4  D.  and  R.  52,  which  cer- 
tainly appears  to  be  somewhat  at  variance  with  its 
principle. 

4  Taunton,  779,  Pickering  and  Dowson. — "If  a 
representation  be  made  before  a  sale  of  the  quality 
of  the  thing  sold,  with  full  opportunity  for  the  pur- 
chaser to  inspect  and  examine  the  truth  of  the  repre- 


IN   SEARCH  OF  A  HORSE.  291 

sentation,  and  a  contract  of  sale  be  afterwards  re- 
duced into  writing,  in  which  that  representation  is 
not  embodied,  no  action  for  a  deceit  lies  against  the 
vendor,  on  the  ground  that  the  article  sold  is  not 
answerable  to  that  representation,  whether  the  ven- 
dor knew  the  defects  or  not." 

In  delivering  his  judgment  on  this  case,  Mr.  Jus- 
tice Gibbs  observes,  "  I  hold  that  if  a  man  brings  me 
a  horse  and  makes  any  representation  whatever  of 
his  quality  and  soundness,  and  afterwards  we  agree, 
in  writing,  for  the  purchase  of  the  horse,  that 
shortens  and  corrects  the  representations  ;  and  what- 
ever terms  are  not  contained  in  the  contract,  do  not 
bind  the  seller,  and  must  be  struck  out  of  the  case. 
In  this  case,  if  there  had  been  any  fraud,  I  agree  it 
would  not  have  been  done  away  by  the  contract:  but 
in  this  case  there  is  no  evidence  of  any  fraud  at  all : 
the  ship  is  afterwards  conveyed  by  a  bill  of  sale,  that 
contains  no  warranty.  I  thought  at  the  trial,  and 
still  think,  that  the  parties  were  not  now  at  liberty 
to  show  any  representation  made  by  the  seller,  unless 
they  could  show  that  by  some  fraud  the  defendants 
prevented  the  plaintiffs  from  discovering  a  fault 
which  they  knew  to  exist." 


292     THE  ADVENTURES  OF  A  GENTLEMAN 

The  case  of  Chanter  v.  Hopkins,  already  quoted, 
is  decisive  on  the  admissibility  of  parole  evidence  to 
vary  a  written  contract,  and  I  may  refer  those  read- 
ers who  wish  for  more  authority  on  this  point  to  the 
cases  of  Powell  v.  Edwards,  12  East,  6 ;  Bradshaw  v. 
Burnett,  5  C.  and  P.  50;  Greaves  v.  Ashlin,  3 
Camp.  426,  and  Thelton  v.  Livius,  2  C.  and  I.  411. 
It  is  not  worth  while  to  quote  them  at  length  in  a 
work  like  this,  as  they  only  establish  the  general 
principal  of  law.  Yet  it  may  be  noticed  generally, 
that  although  parole  evidence  is  inadmissible  to  alter 
or  vary  a  written  contract,  it  may  be  received  in  aid 
of  such  contract.  In  the  case  of  JefFery  v.  Walton, 
1  Star.  N.  P.  267,  the  contract  was  for  the  hire  of  a 
gelding  for  ^'  six  weeks  at  two  guineas."  The  action 
was  brought  for  damages  arising  from  mismanage- 
ment of  the  horse.  The  written  contr^ict  was  con- 
tained in  a  pencil  memorandum  made  by  the  plaintiff, 
*  and  which  he  was  called  upon  to  produce  by  the  de- 
fendant at  the  trial.  The  defendant  had  kept  the 
horse  for  twelve  weeks.  He  paid  twelve  guineas 
into  court,  as  it  would  seem,  for  the  six  weeks'  hire, 
according  to  the  written  contract.  The  case,  like 
most  law  cases,  is  so  briefly  reported,  tliat  the  facts 


IN  SEARCH  OF  A  HORSE.  293 

are  left  in  some  obscurity;  but  they  are  sufficiently 
explained  to  get  at  the  point  of  the  decision.  The 
defendant  contended  that  it  was  a  general  hiring, 
under  which  all  liabilities  of  accident  would  fall  upon 
the  owner  of  the  horse :  and  that  the  contract  con- 
tained in  the  pencil  memorandum  proved  only  a 
general  hiring,  and  it  was  not  competent  to  the 
plaintiff  to  graft  upon  it  any  special  condition. 
Lord  Ellenborough,  however,  held  that  '*  the  written 
agreement  merely  regulates  the  time  of  hiring  and 
the  rate  of  payment,  and  I  shall  not  allow  any  evi- 
dence to  be  given  by  the  plaintiff  in  contradiction  of 
these  terms ;  but  I  am  of  opinion  that  it  is  compe- 
tent to  the  plaintiff  to  give  in  evidence  suppletory 
matter  in  part  of  the  agreement." 

But  where  the  agreement  is  not  ambiguous  in  the 
terms  of  it,  but  expressed  in  clear  and  explicit  words, 
it  cannot  be  explained  by  parole  evidence.  Vide 
Clifton  V.  Walmesley,  5  T.  R.  567.  Or  to  speak 
more  correctly,  such  an  agreement  being  clear,  re- 
quires no  explanation ;  and  parole  evidence  would 
tend  to  create  that  ambiguity  which  it  was  the  very 
object  of  the  statute  of  frauds  to  prevent,  in  requir- 
ing, that  contracts  should  be  reduced  to  writing,  to 


294     THE  ADVENTUKES  OF  A  GENTLEMAN 

give  them  validity.  It  has  been  held  in  the  case  of 
Hutton  V.  Warren,  2  Meeson  and  Welbj,  that  the 
custom  of  trade  may  be  given  in  evidence  against  a 
written  contract. 

To  return  from  this  digression  on  the  subject  of 
evidence :  it  may  be  inferred  from  all  these  cases, 
that  the  gist  of  the  action  of  deceit  is  a  wilful  mis- 
representation, whereby  the  purchaser  is  put  off  his 
guard,  and  induced  to  make  a  contract  into  which 
he  would  never  have  entered  with  his  eyes  open; 
but  it  must  not  be  inferred  that  he  is  at  liberty  to 
release  himself  from  a  contract  on  the  mere  plea 
that  his  eyes  were  not  open ;  they  must  have  been 
shut  by  the  seller,  and  not  closed  by  natural  in- 
firmity. Every  man  who  goes  into  the  market  to 
buy  an  article  is  presumably  cognizant  of  the  nature 
of  the  article  which  he  wants,  as  much  so  as  the 
seller  is  presumed  to  understand  the  article  that  he 
sells;  he  cannot  afterwards  plead  his  own  ignorance 
as  an  excuse  for  repudiating  the  contract.  Hence, 
if  a  man  enters  the  bazaar,  or  the  manufactory,  to 
buy  a  carriage  with  mail  boxes,  and  purchases  one 
in  which  the  nave  hoop  is  closed  up  with  an  iron 
plate,  as  is  the  case  with  boxes  of  that  description, 


IN  SEARCH  OF  A  HORSE.      '  295 

he  cannot  return  the  carriage  because  he  afterwards 
discovers  that  the  axle  is  of  the  ordinary  construc- 
tion, unless  he  was  expressly  told  the  contrary. 
So  again,  if  his  object  is  to  purchase  a  new  carriage, 
and  he  finds  that  he  has  bought  one  recently  painted 
and  vamped  up,  he  cannot  repudiate  the  contract, 
unless  he  can  show  that  it  was  sold  to  him  as  a 
new  one.  Or  once  more,  if  he  purchases  an  aged 
horse,  stale  and  worn  out,  he  cannot  rescind  the  con- 
tract, unless  he  can  prove  a  false  representation  that 
it  was  young  and  fresh,  or  that  he  asked  for  a  young 
horse  ;  and  even  then  perhaps,  as  regarded  the  fresh- 
ness of  the  horse,  it  would  be  a  matter  on  which  it 
would  be  held  that  his  own  judgment  ought  to  be  suf- 
ficient to  guide  him. 

There  are  some  instances  in  which  the  principle  of 
this  maxim  of  caveat  emptor  applies,  which  are  yet 
more  material  for  the  purchaser  to  understand :  if  he 
enters  the  stable  to  buy  a  hunter,  a  race-horse,  or  a 
dray-horse,  he  must  judge  of  the  suitableness  of  the 
animal  for  his  purpose  at  his  own  peril ;  unless,  ac- 
cording to  the  previous  doctrine  of  implied  warranty, 
he  distinctly  and  unequivocally  avows  his  object,  and 
throws  himself  upon  the  judgment  of  the  seller.    The 


296     THE  ADVENTURES  OF  A  GENTLEMAN 

ignorance  of  horse-purchasers  is  frequently  so  great, 
that  they  assume  every  animal  with  four  legs  and  a 
tail,  to  be  capable  of  every  employment  to  which 
horses,  as  a  class,  can  be  applied.  This  is  a  great 
mistake,  as  I  have  already  shown  in  my  earlier  pages ; 
but  the  mistake  is  yet  more  serious,  where  a  pur- 
chaser, or  a  grasping  attorney,  ventures  into  a  court 
of  law  to  remedy  it. 

A  purchaser  has  no  remedy  in  a  case  like  this,  un- 
less he  can  clearly  prove  on  the  part  of  the  seller, 
misrepresentation  in  the  nature  of  fraud,  after  an 
unequivocal  explanation  of  the  object  for  which  the 
horse  is  wanted.  There  are  yet  other  and  familiar 
instances  in  which  the  rule  of  caveat  emptor  applies ; 
a  purchaser  may  honestly  avow  to  the  dealer  that  he 
wants  a  hunter,  or  a  gig-horse  ;  according  to  my  doc- 
trine, the  dealer  is  bound  to  sell  him  a  horse  that  has 
been  accustomed  to  hunting,  or  to  draught,  at  the 
peril  of  an  action  on  the  implied  warranty ;  but  this 
obligation  is  easily  satisfied.  The  purchaser  may 
probably  suspect,  from  the  size  of  the  horse,  or  from 
his  sluggishness,  or  other  circumstances,  that  he  is 
not  qualified  for  the  intended  work ;  the  dealer  re- 
plies, speaking  of  course  ex  cathedra^  "  Oh,  sir,  that 


IN   SEARCH  OF  A   HORSE.  297 

is  no  objection  to  a  horse  for  the  field ;  many  a  little 
horse  will  top  a  fence  that  he  cannot  put  his  nose 
over,  or  go  well  in  harness,  that  is  sulky  in  the  sad- 
dle." 

Now  observations  of  this  kind  do  not  amount  to  a 
warranty,  but  only  to  an  opinion ;  still  less  can  they 
be  considered  a  fraudulent  misrepresentation,  or  be 
made  the  ground  of  an  action  for  deceit.  If  the 
dealer  said  that  the  horse  would  take  a  double  fence, 
or  would  trot  in  harness  twelve  miles  within  the  hour, 
then  an  action  for  deceit  would  lie,  if  it  could  be 
proved  that  he  could  not,  and  never  had  done  either 
one  or  the  other ;  yet  here  again,  it  would  be  neces- 
sary to  prove  that  the  dealer  knew  these  representa- 
tions to  be  false ;  for  if  he  was  speaking,  not  from 
his  own  knowledge,  but  on  the,  authority  of  a  false- 
hood told  to  himself  by  the  person  from  whom  he 
bought  the  animal,  it  would  not  amount  to  deceit, 
an  action  "would  not  lie :  vide  Parkinson  v.  Lee, 
2  East,  314 ;  or  if  the  dealer  gave  an  undertaking 
for  the  horse's  specific  performance  of  either  of  these 
feats,  then  this  would  amount  to  a  direct  warranty, 
for  the  breach  of  which  an  action  might  be  sustained, 
without  proof  of  deceit ;  or  if  the  buyer  left  it  to  his 
26 


298     THE  ADVENTURES  OF  A  GENTLEMAN 

judgment  to  supply  liim  with  a  "perfect"  hunter, 
and  the  horse  proved  to  be  entirely  ignorant  of  his 
business,  an  action  would  lie  on  the  implied  warranty : 
but  the  mere  expression  of  an  opinion  imposes  no  lia- 
bility, unless  that  opinion  is  given  professionally,  and 
for  "valuable  consideration." 

It  is  not  only  the  purchaser,  to  whom  these  ex- 
planations will  be  useful ;  dealers  may  equally  learn 
from  them,  the  infinite  importance  of  a  strict  adher- 
ence to  truth,  in  speaking  of  the  qualities  of  their 
goods.  Good  faith  is  in  law  an  essential  requisite  to 
the  validity  of  a  contract :  and  although  the  precau- 
tion of  requiring  a  warranty  is  so  obvious  and  so 
easy,  that  courts  of  law  are  much  inclined  to  apply 
the  rule  of  caveat  emptor  against  a  purchaser,  it  by 
no  means  follows  that  they  will  look  with  an  indul- 
gent eye  upon  any  misrepresentation  made  by  a  seller, 
if  there  is  apparent  indication  of  a  fraudulent  pur- 
pose. A  dealer  should  lay  it  down  as  a  maxim  quite 
as  important  for  him  to  observe,  as  it  is  for  the  pur- 
chaser,— that  the  less  he  says  the  better :  after  nam- 
ing his  price,  he  may  show  his  horse  off  to  as  much 
advantage  as  he  can ;  he  may  make  the  most  of  it  in 
every  way  except  by  lying ;  but  if  in  the  presence  of 


m  SEARCH  OF  A  HORSE.  299 

a  witness,  ho  lies  upon  any  material  point  to  enhance 
the  price,  and  deceive  his  customer,  he  exposes  him- 
self to  litigation  that  may  exceed  in  cost  ten  times 
the  value  of  the  bargain. 

Although  the  cases  which  I  have  quoted,  are  amply 
sufficient  to  make  it  perfectly  intelligible  what  is  the 
nature  of  the  action  for  fraudulent  misrepresentation, 
yet,  as  my  object  is  to  furnish  my  readers  with  every 
authority  that  I  can  find  upon  horse-dealing  transac- 
tions, I  shall  add  a  few  other  cases  that  are  authori- 
ties upon  the  subject  of  fraudulent  deceit. 

Steward  v.  Coesvelt,  1  Carr.  and  P.,  23.— "If  a 
horse  is  sold  with  a  warranty,  any  fraud  at  the  time 
of  sale  will  avoid  the  sale,  though  it  is  not  on  any 
point  included  in  the  warranty." 

The  warranty  was,  that  the  horse  was  sound,  and 
free  from  vice.  The  defendant  resisted  the  action 
(which  was  for  the  price  of  the  horse,)  on  the  ground 
that  the  plaintiff  had  represented  the  horse  to  be  five 
years  old,  and  had  often  been  used  as  a  hunter.  The 
horse  was  more  than  four,  but  not  five.  Mr.  Justice 
Burrough  told  the  jury  that  if  there  was  fraudulent 
representation  at  the  time  of  sale,  it  invalidated  the 
contract,  no  matter  w^hether  it  was  a  breach  of  the 


300     THE  ADVENTURES  OF  A  GENTLEMAN 

warranty  or  not.  In  a  note  on  this  case,  it  is  ob- 
served, that  the  written  warranty  of  a  horse  does  not 
require  an  agreement  stamp,  and  had  been  admitted 
in  evidence  although  not  on  a  stamp.  This  point  is 
decided  in  Skrine  v.  Elmore,  2  Camp.  407. 

I  have  already  alluded  to  the  next  case,  but  the 
authority  of  Mr.  Justice  Bayley  is  so  strong,  that  I 
must  quote  it  at  length. 

Wood  V.  Smith,  4  Carr.  and  P.,  45. — "  The  general 
rule  is,  that  whatever  a  seller  represents  at  the  time 
of  sale,  is  a  warranty.  A  warranty  may  be  either 
general  or  qualified.  If  a  person  at  the  time  of  his 
selling  a  horse  says,  '  I  never  warrant ;  but  he  is 
sound  as  far  as  I  know  :'  this  is  a  qualified  warranty, 
and  the  purchaser  may  maintain  assumpsit  upon  it, 
if  he  can  show  that  the  horse  was  unsound  to  the 
knowledge  of  the  seller." 

It  should  be  noticed,  that  the  words  used  go  rather 
farther  than  they  are  above  quoted  in  the  marginal 
note  of  the  case.  The  defendant  said,  ''  She  is 
sound  to  the  best  of  my  knowledge  :  I  never  warrant : 
I  would  not  even  warrant  myself." 

It  was  objected  that  this  was  no  warranty,  but 
that  the  action  should  have  been  for  deceit ;  and  Mr. 


IN   SEARCH  OF  A   HORSE.  301 

Gurney  relied  on  Williamson  and  Allison,  2  East, 
446,  and  Dobell  v.  Stevens,  5  D.  and  R.  490  ;  but 
Mr.  J.  Bayley  held  on  the  motion  for  a  rule  7iisi, 
that  "  whatever  a  person  represents  at  the  time  of  a 
sale  is  a  warranty." 

I  must  express  a  respectful  doubt  whether  this 
dictum  does  not  go  too  far. 

There  is  a  strong  case  on  the  point  in  3  M.  and 
R.,  2:  it  is  the. case  of  Cave  v.  Coleridge,  where  it 
was  held  that  a  "  verbal  representation  of  the  seller 
to  the  buyer  in  the  course  of  the  dealing,  that  '  he 
may  depend  upon  it  the  horse  is  perfectly  quiet  and 
free  from  vice,'  amounts  to  a  warranty." 

I  quote  the  following, case,  because  thougli  the  cir- 
cumstances of  it,  as  it  is  reported,  scarcely  amount  to 
fraudulent  representation,  yet  Chief  Justice  Best  lays 
down  the  law,  very  distinctly,  that  the  representation 
must  be  known  to  be  wrong. 

Salmon  v.  Ward,  2  Carr.  and  P.  211. — ^'  In  an 
action  on  the  warranty  of  a  horse,  letters  passing  be- 
tween the  plaintiff  and  defendant,  in  which  the  plain- 
tiff writes,  '  You  well  remember  that  you  represented 
the  horse  to  me  as  five-year  old,  &c.  to  which  the  de- 
fendant answers,  '  The  horse  is  as  I  represented  it,' 
26* 


302     THE  ADVENTURES  OF  A  GENTLEMAN 

are  sufficient  evidence  from  which  a  jury  may  infer 
that  a  warranty  was  given  at  the  time  of  the  sale ; 
and  it  is  not  necessary  to  give  other  proof  of  what 
actually  passed  when  the  contract  was  made." 

"  I  quite  agree,"  said  C.  J.  Best,  "  that  there  is  a 
diiference  betAveen  a  warranty  and  a  representation, 
because  a  representation  must  be  known  to  be  wrong. 
No  particular  words  are  necessary  to  constitute  a 
w^arranty.  If  a  man  says,  '  This  horse  is  sound,' 
that  is  a  warranty.  The  plaintiiF  in  his  letter  says, 
'  You  remember  you  represented  the  horse  to  me  as  a 
five-year-old ;'  to  which  the  defendant's  answer  is, 
'  The  horse  is  as  I  represented  it.'  Now,  if  the  jury 
find  that  this  occurred  at  the  time  of  the  sale,  and 
without  any  qualification,  then  I  am  of  opinion  that 
it  is  a  warranty  ;  if  it  occurred  before,  or  if  it  was 
qualified,  then  it  must  be  taken  to  be  a  represen- 
tation, and  not  a  warranty." 

It  does  not,  however,  appear  to  follow,  that  it  is 
competent  to  the  purchaser,  at  any  time,  to  avail 
himself  of  the  objection  of  fraud.  This  position  is 
^  scarcely  sustained  by  the  first  of  the  following  cases  ; 
on  the  contrary,  it  seems  to  imply,  that  if  deceit  has 
been  practised,  lapse  of  time  will  not  bar  the  objection ; 


IN   SEARCH  OF  A  HORSE.  303 

but  at  all  events  the  case  is  in  point,  as  regards  the 
principle  of  representation  without  fraud  ;  and,  per- 
haps, -without  any  forced  construction,  it  will  warrant 
the  inference  that  negligence  in  promptly  ascertain- 
ing fraud,  will  bar  the  action.  The  case  of  Prosser 
V.  Hooper,  already  quoted,  ought  to  be  closely  com- 
pared with  this  case  on  the  question  of  time. 

Percival  v.  Blake,  2  Carr.  and  P.  514.— ''If  a 
person  purchases  an  article,  and  suffers  it  to  remain 
on  his  premises  for  two  months,  without  examination, 
and  then  finds  it  to  be  unfit  for  use,  he  cannot  after 
that  length  of  time,  avail  himself  of  the  objection  in 
answer  to  an  action  for  the  price,  unless  some  deceit 
has  been  practised  with  regard  to  the  article." 

In  this  case,  a  letter  promising  payment  was 
written  by  the  defendant  two  months  after  the  de- 
livery of  the  goods ;  and  Chief  Justice  Abbott 
thought  that  his  objection  came  too  late,  two  months 
being  more  than  a  reasonable  time  to  discover  the 
defect,  unless  deceit  had  been  practiced.  The  jury, 
however,  thought  otherwise,  and  found  for  the  defen- 
dant ;  at  the  same  time  they  acquitted  the  plaintifi"  of 
wilful  misrepresentation. 

A  recent  case,  however,  has  been  decided,  which  is 


304  THE  ADVENTURES  OF  A  GENTLEMAN 

of  far  more  consequence  to  all  purchasers  under 
fraudulent  representation,  and  if  it  is  to  be  considered 
law,  it  is  of  the  last  importance  ;  it  is  the  case  of 
Campbell  v.  Fleming,  1  Adolphus  and  Ellis,  40, 
where  it  is  held,  "  that  if  a  party  be  induced  to  pur- 
chase an  article  by  fraudulent  misrepresentation  of 
the  seller  respecting  it,  and  after  discovering  the 
fraud  continue  to  deal  with  the  article  as  his  own,  he 
cannot  recover  back  the  money  from  the  seller ;  and 
it  is  also  held,  that  the  right  to  repudiate  the  con- 
tract is  not  afterwards  revived  by  the  discovery  of 
another  incident  in  the  same  fraud." 

I  understand  this  case  to  decide,  that  if  a  purcha- 
ser adopts  the  article  purchased  as  his  own,  after  he 
has  discovered  fraud,  he  cannot  repudiate  the  con- 
tract :  and  therefore,  that  if  on  the  discovery  that 
he  has  been  fraudulently  imposed  upon  as  to  the  age 
of  a  horse,  he  still  retains  him  as  his  own  property, 
he  cannot  afterwards  avoid  the  contract  for  fraud, 
though  he  should  subsequently  discover  that  he  has 
been  similarly  deceived  as  to  his  sight.  I  cannot  ac- 
quiesce in  the  reasonableness  of  this  doctrine,  if  I 
rightly  understand  it.  Mr.  Justice  Park  does  not 
appear  to  have  adverted  to  this  point  in  delivering 
his  opinion. 


IN   SEARCH  OF  A   HORSE.  305 

The  principle  of  Campbell  v.  Fleming  has  been 
since  discussed  and  fully  recognized  in  the  case  of 
Selway  v.  Fogg,  the  only  report  of  ^vhich  that  I  can 
at  present  find,  is  in  the  Times  of  the  8th  of  May, 
1839.  The  plaintiff  had  contracted  to  do  certain 
work  for  £15,  but  the  jury  found  that  the  contract 
had  been  made  under  a  fraudulent  representation  of 
the  extent  of  the  work,  and  therefore  delivered  a 
verdict  for  the  plaintiff  for  £70,  on  the  quantum 
meruit.  The  defendant  obtained  a  rule  nisi  for  a 
nonsuit,  and  on  the  argument  Mr.  Erie  contended 
that  the  defendant  was  not  at  liberty  to  set  up  a  dis- 
honest bargain  made  by  his  own  fraud  :  he  quoted 
the  cases  of  Beddell  v.  Levi,  1  Starkie,  and  Abbots  v. 
Barry,  2  Brod.  and  Bing.,  in  support  of  his  argu- 
ment. Mr.  Humphrey  in  reply,  urged  that  the 
plaintiff  should  have  repudiated  the  contract  as  soon 
as  he  discovered  the  fraud,  but  having  gone  on  with 
the  work  under  it,  he  adopted  and  was  bound  by  it. 
On  the  authority  of  Ferguson  v.  Cariington,  9  B. 
and  C.  the  Court  of  Exchequer  coincided  in  this 
view  of  the  case,  and  made  the  rule  for  a  nonsuit  ab- 
solute. In  the  case  of  Brett  v.  Lovett,  reported  in 
the  Times  of  the  12th  of  June,  1839,  where  the  ques- 


306     THE  ADVENTURES  OF  A  GENTLEMAN 

tion  was  raised  whether  the  defendant  had  repudiated 
goods  within  a  reasonable  time,  the  Court  of  Exche- 
quer, upon  the  argument  for  a  new  trial,  held  that 
the  judge  had  rightly  thrown  on  the  defendant  the 
burthen  of  proof  that  they  had  been  repudiated 
within  a  reasonable  time :  I  need  scarcely  observe 
that  if  this  is  sound  doctrine  in  the  case  of  a  purchase 
of  goods  generally,  it  particularly  applies  to  the  case 
of  a  horse.  The  reader  should  advert  to  the  case  of 
Adam  v.  Richards,  2  H.  B.  573,  hereafter  fully 
quoted,  on  the  necessity  of  a  speedy  return  of  an 
unsound  horse. 

It  is  scarcely  necessary  to  observe  that  except  under 
circumstances  of  premeditated  deceit  capable  of  clear 
proof,  the  sale  of  an  unsound  for  a  sound  horse  is 
not  an  offence  cognizable  by  our  criminal  courts. 
This  is  established  by  Lord  Mansfield  in  the  case  of 
the  King  v.  Wheatley,  2  Burr.  1125  :  "  The  selling 
an  unsound  horse  as  and  for  a  sound  one,  is  not  indict- 
able ;  the  buyer  should  be  more  upon  his  guard."  My 
reader  must  bear  this  in  mind  when  I  speak  of  deceit 
and  fraudulent  representation.  But  if  the  fraud  is 
concocted .  with  deliberation  and  plan,  I  conceive  that 
it  is  indictable,  and  when  several  parties   concur  in 


IN   SEARCH  OF  A   HORSE.  307 

the  design,  they  would  be  guilty  of  a  conspiracy,  of 
which  the  criminal  courts  would  take  cognizance. 

My  last  head  of  the  subject  of  warranty  is  much 
simpler — warranty  by  an  absolute  undertaking  that 
the  articles  sold  shall  answet  to  a  certain  de- 
scription. 

A  very  comprehensive  definition  of  warranty  is 
given  by  very  high  authority.  In  Stuart  v.  WilkinSj 
Doug.  20,  Lord  Mansfield  lays  it  down,  that  "  a 
warranty  extends  to  all  faults  known  or  unknown 
to  the  seller."  In  a  certain  sense  this  is  true.  A 
seller  may  undertake  that  his  horse  is  free  from 
every  fault,  or  vice,  or  disease  of  whatever  descrip- 
tion ;  and  if  such  an  undertaking  is  given,  it  falls 
within  his  lordship's,  definition  of  a  warranty.  But 
such  warranties  are  gone  out  of  fashion,  and  in  these 
times  all  warranties  are  usually  limited  to  "  sound- 
ness," or  to  capabilities  of  a  given  description. 

A  warranty  by  an  absolute  undertaking  is  easily 
understood  ;  it  is  a  distinct  promise  that  the  horse 
shall  be  capable  of  all  work,  or  of  a  certain  descrip- 
tion of  work,  or  that  he  shall  be  exempt  from  all 
diseases,  blemishes,  and  imperfections  ;  or  exempt 
with  certain  exceptions  ;  or  that  he  shall  be  gifted 


308      THE  ADVENTURES  OF  A  GENTLEMAN 

with  a  certain  degree  of  speed,  or  other  qualifica- 
tions ;  or  be  of  a  certain  age,  or  not  exceeding  that 
age  :  in  short  it  amounts  to  this  ;  that  certain  con- 
ditions being  specified  by  the  purchaser,  the  seller 
will  be  liable  for  any  difference  in  value,  if  those 
conditions  are  not  performed  ;  but  it  has  been  held 
that  a  warranty  against  visible  defects  is  bad  in  law, 
the  purchaser  being  expected  not  only  to  possess 
ordinary  skill,  but  to  exhibit  ordinary  caution. 

In  Dyer  v.  Hargrave,  10  Ves.  507,  the  Master  of 
the  Rolls  said  it  was  held  at  law,  that  a  warranty  is 
not  binding  where  the  defect  is  obvious,  and  put  the 
case  of  a  horse  with  a  visible  defect :  which  doctrine 
is  also  held  in  Bayley  v.  Mcrrel,  Cro.  Eliz.  389, 
where  the  judge  puts  the  case  of  a  horse  sold  under 
a  warranty  that  he  has  both  his  eyes,  when  in  fact 
he  has  but  one. 

These  cases  would  seem  to  have  been  overlooked 
by  the  author  of  the  work,  "  The  Law  relating  to 
Horses,"  when  he  observes  that  the  loss  of  an  eye  is 
an  existing  unsoundness.  The  loss  of  an  eye  is  a 
patent  defect,  unless  it  arises  from  the  disease  called 
"gutta  Serena,"  or  a  paralysis  ef  the  optic  nerve 
without  any  apparent  injury. 


IN  SEARCH  OF  A  HORSE.  809 

But  I  admit  that  if  this  is  good  law,  it  certainly 
would  seem  to  apply  only  in  such  extreme  cases  as 
the  one  here  instanced :  yet  in  Margetson  v.  Wright, 
5  M.  and  P.,  606,  it  was  held  that  a  warranty  that  a 
horse  was  sound  wind  and  limb,  did  not  include  crib- 
biting,  because  it  was  expressly  mentioned ;  nor  a 
splentj  because  it  was  ai)parent ;  vide  also,  7  Bing. 
603,  and  8  Bing.  454. 

An  absolute  warranty  may  be  given  either  ver- 
bally or  in  writing,  subject  to  one  or  two  qualifica- 
tions. It  has  been  already  seen,  that  by  the  statute 
of  frauds  there  must  be  a  memorandum  in  writing,  if 
the  horse  is  not  delivered  on  the  spot,  either  actually 
or  constructively ;  or  if  money  is  not  actually  paid 
as  "  earnest :"  if  in  pursuance  of  the  statute  a  writ- 
ten memorandum  is  made,  I  think,  though  the  cases 
are  somewhat  contradictory,  that  it  would  be  by  far 
the  safer  course,  if  not  absolutely  necessary,  to  in- 
clude in  the  memorandum,  the  exact  terms  of  the 
warranty  :  vide  the  case  of  Pickering  and  Dowson, 
before  quoted. 

It  is,  as  I  have  already  observed,  a  general  rule  of 
law,  that  where  a  written  memorandum  of  agreement 
exists,  you  cannot  give  parole  evidence  to  carry  that 
27 


310     THE  ADVENTURES  OF  A  GENTLEMAN 

agreement  farther ;  if,  however,  no  memorandum  has 
been  made  of  the  contract,  the  warranty  may  be 
verbal  and  equally  binding. 

It  must  also  be  observed,  that  if  the  absolute  war- 
ranty is  at  all  special  in  its  terms,  as,  for  instance, 
if  it  is  a  warranty  that  the  horse  is  sound,  except  as 
to  a  cough,  and  that  it  is  free  from  blemish,  except 
as  to  one  eye,  or  that  it  is  free  from  vice,  except  in 
harness,  or  that  it  will  trot  fifteen  miles  within  the 
hour,  it  is  in  all  such  cases  most  important  that  the 
warranty,  though  a  ve7'hal  one  may  in  strictness  be 
sufficient,  should  be  accurately  reduced  to  writing ; 
for  every  lawyer  knows  that  nine  out  of  ten  of  the 
cases  that  come  into  court,  on  verbal  warranties, 
depend  upon  the  recollection  of  the  witnesses  as  to 
facts,  and  that  such  recollection  is  usually  very  full 
of  doubts. 

When,  however,  a  warranty  is  reduced  to  writing, 
another  precaution  is  equally  indispensable,  —  the 
stipulated  terms  must  be  acciirately  expressed  ;  the 
dealer  on  the  one  hand  will  be  strictly  held  to  his 
warranty,  and  the  purchaser  on  the  other  will  be 
strictly  precluded  from  grafting  any  equivocal  en- 
gagement upon  it. 


IN   SEARCH  OF  A  HORSE.  311 

This  position  is  strongly  illustrated  in  the  follow- 
ing case  : — 

Coltherd  v.  Puncheon,  2  Dowling  and  Ryland. — 
"  Proof  that  a  horse  is  a  good  draiver  only,  will  not 
satisfy  a  warranty  that  he  is  a  good  drmuer  and 
'pulls  quietly  in  harness.'' 

"It  is  quite  clear,"  said  the  court,  "  in  this  case, 
that  these  are  convertible  terms,  because  no  horse 
can  be  said  to  be  a  good  drawer  if  he  will  not  pull 
quietly  in  harness,  and  therefore  proof  that  he  is 
merely  a  good  puller  will  not  satisfy  the  warranty : 
the  word  good^  must  mean  good  in  all  particulars." 

This  case  decides  that  on  the  part  of  the  dealer  he 
will  be  held  strictly  to  his  engagement ;  the  follow- 
ing cases  will  equally  prove  that  on  the  part  of  the 
buyer,  he  will  not  be  allowed  to  interpret  the  war- 
ranty beyond  its  fair  meaning. 

In  Geddes  v.  Pennington,  5  Dow.  159,  the  war- 
ranty was  that  the  horse  was  thoroughly  broke  for 
gig  or  saddle,  and  so  it  was  proved  ;  but  the  pur- 
chaser being  ^unskillful  in  driving,  he  could  not  re- 
pudiate the  contract  for  faults  that  in  more  skillful 
hands,  would  not  have  been  displayed ;  there  ap- 
pears, however,  on  the  case,  reason  to  infer,  that  the 


312     THE  ADVENTURES  OF  A  GENTLEMAN 

faults  were  actually  produced  by  the  unskillfulness 
of  the  purchaser. 

In  the  next  case,  the  limits  within  which  a  war- 
ranty must  be  taken,  are  yet  more  closely  defined. 

Budd  V.  Fairmaner,  5  Carr.  and  P.  78. — "A  re- 
ceipt on  the  sale  of  a  colt,  contained  the  following 
words  after  the  date,  name,  and  sum  :  '  for  a  gray 
four-years-old  colt,  warranted  sound  in  every  re- 
spect.' Held  that  such  part  as  related  to  the  age 
was  a  representation  only,  and  not  a  warranty." 

The  colt  proved  to  be  only  three  years  old :  it  was 
stated,  however,  by  several  veterinary  surgeons,  that 
by  four  years  old  was  sometimes  meant  three  off,  or 
rising  four,  and  sometimes,  though  it  is  not  very  in- 
telligible, four  off,  or  rising  five ;  they  also  said  that 
till  it  was  actually  four  it  was  not  suitable  for  a  car- 
riage-horse, as  which  it  appeared  that  the  plaintiff 
meant  to  use  it. 

On  the  trial  Chief  Justice  Tindal  said,  "  I  am  of 
opinion  that  the  first  part  of  the  receipt  contains  a 
representation,  and  the  latter  part  a  warranty.  In 
the  case  of  a  representation,  to  render  liable  the 
party  making  it,  the  facts  stated  must  be  untrue  to 
his  knowledge,  but  in  the  case  of  a  Avarranty,  he  is 


IN  SEARCH  OF  A  HORSE.  313 

liable   whether   they   are  within   his  knowledge    or 
not." 

On  the  argument  on  the  rule  nisi,  Justice  Alder- 
son  observed,  "  A  warranty  must  be  complied  with 
whether  it  is  material  or  not,  but  it  is  otherwise  as  to 
a  representation  ;"  and  subsequently  added,  "  If  the 
word  '  warranted'  had  been  the  last  word,  I  should 
have  held  that  it  extended  to  the  wdiole:"  sed  vide 
Richardson  v.  Brown. 

The  case  was  decided  on  the  authority  of  Richard- 
son V.  Brown,  1  Bing.  344,  and  Dickenson  v.  Gapp, 
tried  in  the  Common  Pleas,  at  the  adjourned  sittings 
after  Hilary  Term,  1821,  by  Chief  Justice  Dallas  : 
Chief  Justice  Tindal  observed,  ''What  a  man  warrants 
he  must  make  good,  whether  he  knew  the  fact  or  not, 
but  what  he  represents,  if  there  is  a  latent  defect, 
and  he  acts  bond  fide,  he  is  not  at  all  answerable." 

The  same  doctrine  was  held  in  De  Sewhanberg  v. 
Buchanan,  5  C.  and  P.  343.  "  If  there  was  no  ex- 
press warranty,"  said  Chief  Justice  Tindal,  "but  only 
a  representation,  then  as  there  is  no  evidence  that 
the  plaintiff  did  not  believe  that  the  picture  was  a 
Rembrandt,  he  will  be  entitled  to  recover  the  full 
amount  of  the  bill." 

27* 


314     THE  ADVENTURES  OF  A  GENTLEMAN 

In  Richardson  v.  Brown,  8  Moore,  388,  where 
the  plaintiff  brought  an  action  to  recover  the  price 
of  a  horse  sokl  under  the  following  warranty — "  A 
black  gelding,  about  five  years  old,  has  been  con- 
stantly driven  in  the  plough — warranted;"  it  was 
held  that  the  terms  of  such  warranty  applied  to  the 
soundness  of  the  horse,  rather  than  to  the  nature  of 
his  employment.* 

I  have  already  adverted  to  the  necessity  of  a 
warranty  being  given  previously  to  or  cotempora- 
neously  with  the  purchase :  if  given  afterwards  it 
makes  for  nothing,  because  it  is  considered  in  law 
that  the  purchase  money  having  been  already  paid 
or  promised,  a  subsequent  warranty  is  without  con- 
sideration, and  consequently  invalid  ;  but  words  sub- 
sequently used  may  acknowledge  that  a  warranty  was 
given  at  the  time  of  contract,  and  the  following  case 
is  quoted  on  that  point : — 

Payne '  against  Whale,   7  East,  274.^^"  After  a 

*  The  careful  reader  will  observe  that  this  is  much  at  variance 
with  the  dictum  of  Mr.  Justice  Alderson,  quoted  in  the  preceding 
page,  that  if  the  word  "  warranted  "  had  been  the  last  word,  it 
would  have  included  the  preceding  representation.  I  incline  to 
the  soundness  of  Mr.  J.  Alderson's  opinion. 


IN   SEARCH  OF  A   HORSE.  315 

warranty  of  a  horse  as  sound,  the  vendor  in  a  subse- 
quent conversation  said,  that  if  the  horse  were  un- 
sound, (which  he  denied,)  he  would  take  it  again,  and 
return  the  money.  This  is  no  abandonment  of  the 
original  contract,  which  still  remains  open,  and 
though  the  horse  be  unsound,  the  vendee  must  sue 
upon  the  warranty,  and  cannot  maintain  assumpsit 
for  money  had  and  received,  to  recover  back  the 
price  after  a  tender  of  the  horse." 

This  case  is  usually  quoted  as  an  authority  on  a 
point  of  pleading,  that  an  action  will  not  lie  for 
money  had  and  received  under  the  circumstances 
stated,  but  the  original  contract  remaining  in  esse, 
the  proper  remedy  is  by  an  action  on  the  case.  I 
refer  to  it,  however,  because  the  expression  used  by 
the  defendant  is  one  frequenly  used  by  dealers  :  "If 
the  horse  were  unsound,  he  would  take  it  again,  and 
return  the  money."  There  was  no  other  proof  of 
the  original  bargain  than  this  conversation ;  and  Mr. 
Justice  Le  Blanc  observed,  that  it  amounted  to  a  re- 
cognition by  the  defendant  that  he  had  in  the  first 
instancewarranted  the  horse  to  be  sound.  I  may  ob- 
serve however,  that  if  it  was  a  recognition  of  the  war- 
ranty, it  seems  also  to  have  been  a  recognition  of  the 


316     THE  ADVENTURES  OF  A  GENTLEMAN 

bargain  to  take  the  horse  back  again,  and  return  the 
money  if  he  was  unsound.  I  cannot,  I  confess,  ex- 
actly understand  the  distinction  taken  by  the  learned 
judge,  but  the  niceties  of  pleading  are  not  always  in- 
telligible even  to  the  initiated. 

The  unsoundness  in  this  case  was  that  the  horse 
was  a  roarer. 

I  refer  my  readers  to  the  case  of  Towers  v.  Bar- 
rett, 1  T.  R.  133,  for  an  elaborate  argument  on  the 
question  of  pleading  alluded  to  above  ;  and  the  case 
of  Weston  v.  Downs,  Doug.  23,  and  fully  quoted  in 
Selwyn's  N.  P.,  page  98,  to  which  case  reference 
is  made  in  Towers  v.  Barrett,  may  also  be  properly 
cited. 

Another  very  important  point,  that  every  dealer 
or  seller  must  bear  in  mind  is,  that  a  groom  or  other 
agent  employed  to  sell  a  horse,  is  authorized  to  exer- 
cise a  discretion  in  warranting  him,  and  may  do  so 
even  contrary  to  the  positive  instructions  of  his  mas- 
ter, and  fix  his  master  with  liability.  The  following 
cases  are  very  strong  upon  this  point : — 

Holyear  v.  Hawke,  5  Espinasse,  72. — "  Where  a 
principal  employs  an  agent  or  servant  to  sell  for  him, 
what  such  agent  says  as  a  warranty  or  representation 


IN  SEARCH  OF  A  HORSE.  317 

at  the  time  of  the  sale,  respecting  the  thing  sold,  is 
evidence  against  the  principal,  but  not  what  he  has 
said  at  another  time." 

In  this  case,  the  horse  was  standing  at  Tattersall's, 
and  had  been  described  in  the  catalogue ;  but  before 
the  day  of  sale,  the  defendant's  groom  being  there  to 
take  care  of  the  horse,  answered  the  plaintiff's  in- 
quiry whether  he  was  free  from  vice,  in  the  affirma- 
tive. The  plaintiff  failed  to  prove  the  warranty,  but 
in  the  progress  of  the  cause  Lord  Ellenborough  re- 
marked, "  If  the  servant  is  sent  with  the  horse  by 
his  master,  and  which  horse  is  offered  for  sale,  and 
gives  the  direction  respecting  his  sale,  I  think  he 
thereby  becomes  the  accredited  agent  of  his  master, 
and  what  he  has  said  at  the  time  of  the  sale,  as  part 
of  the  transaction  of  selling,  respecting  the  horse,  is 
evidence ;  but  an  acknowledgment  to  that  effect, 
made  at  another  time,  is  not  so  :  it  must  be  confined 
to  the  time  of  actual  sale,  when  he  was  acting  for 
his  master."  And  in  another  place  his  lordship  adds, 
*'  I  think  the  master  having  entrusted  the  servant  to 
sell,  he  is  entrusted  to  do  all  he  can  *  to  effectuate 

*  Honestly,  of  course  his  Lordship  means. 


318     THE  ADVENTURES  OF  A  GENTLEMAN 

the  sale ;  and  if  he  does  exceed  his  authority  in  so 
doing,  he  binds  his  master." 

In  Alexander  v.  Gibson,  2  Campbell,  555,  a  ser- 
vant being  employed  to  sell  a  horse  and  receive  the 
price,  was  held  to  have  an  implied  authority  to  war- 
rant the  horse  to  be  sound;  and  '^  in  an  action  upon 
the  warranty,  it  is  enough  to  prove,  that  it  was 
given  by  the  servant,  without  calling  him,  or  show- 
ing that  he  had  any  special  authority  for  that  pur- 
pose." 

Lord  Ellenborough  :  "If  the  servant  was  autho- 
rized to  sell  the  horse,  and  to  receive  the  stipu- 
lated price,  I  think  he  was  incidentally  authorized 
to  give  a  warranty  of  soundness.  It  is  now  most 
usual  on  the  sale  of  horses,  to  require  a  warranty : 
and  the  agent  who  is  employed  to  sell,  when  he 
warrants  the  horse,  may  fairly  be  presumed  to  be 
acting  within  the  scope  of  his  authority.  This  is 
the  common  and  usual  manner  in  which  the  busi- 
ness is  done,  and  the  agent  must  be  taken  to  be 
vested  with  powers  to  transact  the  business  with 
which  he  is  entrusted,  in  the  common  and  usual 
manner." 

It  is  remarkable   that  when  the  servant  was  after- 


IN  SEARCH  OF  A  HORSE.  319 

wards  called  by  the  plaintiff,  he  swore  positively  on 
his  examination  in  chief,  that  he  was  expressly  for- 
bidden by  his  master  to  warrant  the  horse,  and  that 
he  had  not  given  any  warranty.  Lord  Ellenborough, 
though  it  was  objected  to,  allowed  the  plaintiff  to 
contradict  his  own  witness,  and  to  call  another  to 
prove  that  at  the  time  of  the  sale,  the  servant  de- 
clared that  ^'the  horse  was  sound  all  over,"  and  the 
plaintiff  thereupon  recovered.  So  in  Pickering  v. 
Busk,  15  East,  45,  Mr.  Justice  Bayley  says,  "  If  the 
servant  of  a  horse-dealer,  with  express  directions  not 
to  warrant,  do  warrant,  the  master  is  bound."  In 
the  case  of  Fenn  v.  Harrison,  3  T.  E,.,  757,  Lord 
Kenyon  holds  this  doctrine,  and  says,  that  the  mas- 
ter has  his  remedy  over  against  the  servant. 

In  Scotland  (Bank)  v.  Watson,  1  Dow.  45,  a  dis- 
tinction is  made  between  the  servant  of  a  horse-dealer, 
and  the  servant  of  a  person  not  being  a  dealer, — in 
the  latter  case  the  servant  not  having  the  power 
to  bind  his  master,  if  forbidden  to  warrant.  The 
case  of  Strode  v.  Dyson,  1  Smith,  400,  also  bears 
on  this  point ;  as  well  as  that  of  Woodin  v.  Burford, 
2  D.  and  M.,  391,  where  an  authority  to  a  servant 
to  deliver  a  horse  was  held  not  to  extend  to  war- 


320  THE  ADVENT  (JRES  OF  A  GENTLEMAN 

ranting  him,   though  the  servant  signed  a  receipt  for 
the  price. 

It  appears  necessary  that  contradictory  opinions 
should  exist,  even  on  the  simplest  point,  in  horse- 
dealing  law.  There  is  a  case  reported  in  the  Times 
journal,  of  the  22d  of  April,  1839,  of  which  I  do  not 
see  any  report  in  the  law-books,  in  which  these 
authorities  seem  to  have  been  overlooked,  if  we  may 
draw  that  inference  from  the  grant  of  a  rule  nisi, 
for  I  have  been  unable  to  find  how  it  was  eventually 
decided.  It  is  in  the  case  of  Tomlin  v.  Bowse :  the 
action  was  brought  on  the  warranty  of  a  horse,  of 
which  one  Laycock  had  the  charge,  at  Brough  fair. 
The  warranty  was  in  the  following  terms:  "Bought 
of  James  Laycock  a  bay  horse  for  X35,  warranted 
sound.  James  Laycock."  Laycock  w^as  the  servant 
of  the  defendants,  and  the  horse  j)roving  unsound,  an 
action  was  brought  on  this  warranty :  the  plaintiff 
recovered  a  verSict,  and  the  defendant  moved  for  a 
new  trial,  on  the  ground  that  a  servant  who  had  not 
a  special  authority  given  him  by  his  master  to  war- 
rant a  horse,  could  not  render  his  master  liable  by 
giving  a  warranty.  The  point  was  reserved  by  Baron 
Parke  at  the  trial,  and  a  rule  nisi  was  granted. 


IN   SEARCH  OF  A   HORSE.  321 

There  is  also  a  case  of  Ashbourne  v.  Price,  1  Dow- 
ling  and  Ryland,  48  N.  P.  C,  in  which,  without 
reference  to  the  distinction  made  in  the  case  of  Scot- 
land V.  Watson,  a  contrary  opinion  appears  to  be 
entertained;  but  as  the  allusion  to  horse-dealing  was 
only  incidental,  I  think  it  cannot  be  held  to  overrule 
the  authority  of  Strode  v.  Dyson,  and  "VYoodin  v. 
Burford. 

"  Where  an  attorney's  clerk  admitted,  on  the  taxa- 
tion of  costs  before  the  Master,  that  the  suit  in  which 
the  costs  were  taxed  was  conducted  by  his  employer 
from  motives  of  charity  on  behalf  of  the  plaintiff,  it 
was  held  that  the  clerk  was  such  an  agent  as  to  bind 
his  master  by  such  admission." 

It  was  contended  by  Scarlett  that  there  was  noth- 
ing in  this  case  to  take  it  out  of  the  general  rule  of 
law,  which  excluded  hearsay  evidence;  for  in  the 
case  of  an  action  upon  the  warranty  of  a  horse,  sold 
by  a  servant  for  his  master,  the  servant's  declaration 
of  soundness  would  not  be  evidence  to  prove  a  war- 
ranty by  the  master.  Chief  Justice  Abbott :  "  The 
case  supposed  was  distinguishable  from  the  present, 
because  there  was  not,  in  the  instance  of  a  groom's 
selling  a  horse  for  his  master,  that  direct  and  posi- 
28 


322     THE  ADVENTURES  OF  A  GENTLEMAN 

tive  agency  which  existed  on  the  fact  of  an  attorney's 
clerk  attending  to  tax  the  costs  of  an  action  con- 
ducted by  his  employer."  The  case  of  Cornfoot  v. 
Fowke,  in  which  judgment  was  delivered  in  the  Court 
of  Exchequer  on  the  25th  of  April,  1840,  but  which 
is  not  yet  reported,  is  collaterally  a  very  important 
one,  in  considering  the  limits  within  which  an  agent 
can  bind  his  principal.  The  defendant  had  taken  a 
house  of  the  plaintiff  through  the  agency  of  Mr. 
Elkins,  a  house-agent.  Mr.  Elkins  had  stated  that 
there  was  "nothing  objectionable  about  the  house;" 
but  the  defendant,  after  signing  the  agreement,  dis- 
covered that  the  adjoining  house  was  a  brothel,  and 
that  this  was  known  to  the  plaintiff,  who  had  endeav- 
ored in  vain  to  put  down  the  nuisance.  Mr.  Elkins, 
the  agent,  was,  however,  ignorant  of  the  fact.  Lord 
Abinger,  at  the  trial,  thought  this  was  a  good  defence 
to  the  plaintiff's  action,  and  held  that  "the  knowledge 
of  the  plaintiff  was  to  be  taken  to  be  that  of  the  agent 
also,  and  that  though  there  was  no  proof  of  any 
authority  to  the  agent  to  make  the  alleged  misrepre- 
sentation, still,  in  the  eye  of  the  law,  he  must  be 
bound  by  the  act  of  his  agent." 

The  court,  after  much  consideration,  overruled  this 


IN  SEARCH   OF  A   HORSE.  323 

opinion  of  Lord  Abinger,  who  still,  however,  adhered 
to  it,  after  the  argument.  Barons  Rolfe,  Alderson, 
and  Parke,  w^ere  the  other  judges. 

It  is  necessary  for  the  purchaser  to  take  care  that 
his  warranty  is  very  distinctly  expressed,  so  as  to  fix 
a  liability  with  certainty  upon  the  actual  vendor  ;  for 
in  Symonds  v.  Carr,  1  Campbell,  361,  it  was  held, 
that  if  an  agent  for  the  sale  of  horses  sells  to  a  man 
in  one  lot,  and  at  one  entire  price,  a  horse  belonging 
to  B,  and  another  belonging  to  C,  warranting  both 
horses  to  be  sound,  the  purchaser  cannot  maintain  an 
action  against  B  for  the  unsoundness  of  the  horse 
belonging  to  him,  (B,)  as  upon  the  sale  of  that  horse 
separately,  since  the  contract  concerning  the  two 
horses  was  entire,  and  in  declaring  on  a  contract  it  is 
necessary  to  aver  the  entire  consideration  for  the 
warranty. 

Having  made  these  general  remarks,  which  are 
applicable  to  all  warranties  of  an  absolute  character, 
whether  general  or  qualified,  I  will  proceed  to  the 
usual  warranty  :  namely,  that  of  an  absolute  under- 
taking for  soundness  ;  and  before  I  consider  the 
question,  the  all-important  question,  in  what  sound- 
ness consists,  I  will  mention  two  cases  that  refer  to 


324      THE  ADVENTURES  OF  A  GENTLEMAN 

the  abstract  principle.  The  first  is  that  of  Eaves  v. 
Dixon,  2  Taunton,  343,  where  it  was  held,  that  in  an 
action  on  the  warranty  of  a  horse,  the  plaintiff  must 
positively  prove  that  the  horse  w^as  unsound. 

The  horse  died  a  few  days  after  the  sale,  and  on 
dissection  it  was  found,  that  the  lungs  were  greatly 
inflamed,  and  adhered  to  the  ribs :  the  pericardium 
was  also  enlarged.  It  v/as  also  proved  that  the  horse 
was  apparently  in  health  and  high  condition  down  to 
the  time  of  sale  :  that  the  disorder  was  of  so  rapid  a 
nature  that  inflammation  of  the  lungs  was  known 
sometimes  to  begin  and  terminate  in  mortification 
within  three  days.  On  the  other  hand  a  farrier, 
called  on  behalf  of  the  plaintiff*,  imputed  the  sleek- 
ness of  the  horse's  condition  to  water  under  the  skin, 
arising  from  dropsy  in  the  chest.  On  this  conflicting 
evidence  the  plaintiff  succeeded  at  the  trial,  but  the 
court  held  that  he  ought  to  have  been  nonsuited ; 
"  for  on  the  warranty  of  a  horse,  it  is  not  sufficient 
to  give  such  evidence  as  to  induce  a  suspicion  that 
the  horse  is  unsound ;  if  the  plaintiff"  only  throws 
soundness  into  doubt,  he  is  not  entitled  to  recover ; 
he  must  positively  prove  that  the  horse  was  unsound 
at  the  time  of  sale." 


IN  SEARCH  OF  A   HORSE.  325 

The  next  case  is  very  important,  not  merely  for 
its  general  principle,  but  in  reference  to  the  measure 
of  damages  to  be  taken  by  the  jury  in  an  action  upon 
a  warranty  ;  but  I  quote  it  in  this  place  to  ground  an 
important  principle,  and  one  which  in  considering  the 
doctrine  of  warranty  of  soundness,  is  too  frequently 
lost  sight  of  by  professional  men  as  well  as  others  : 
namely,  that  soundness  is  a  question  of  fact  for  a 
jury,  and  not  of  law  :  in  a  former  note  to  this  edition, 
I  have  alluded  to  an  anonymous  work  published  ten 
years  ago,  on  the  Laws  relating  to  Horses :  the  case 
that  I  have  just  cited  is  quoted  also  in  that  work, 
and  the  inference  which  its  author  draws  from  it, 
confirms  the  importance  of  the  principle  which  I  have 
here  presumed  to  lay  down.  He  observes  that  "it 
will  not  impeach  the  warranty,  if  the  purchaser  can 
only  produce  doubtful  evidence  of  unsoundness,  even 
of  proper  judges." 

That  this  inference  is  sustained  by  the  authority,  I 
do  not  deny ;  but  in  my  judgment,  the  authority  is 
itself  questionable.  That  it  is  a  question  for  the 
court  above,  whether  a  verdict  is  against  evidence, 
no  lawyer  will  dispute ;  but  what  is  the  value  of 
doubtful  evidence  is  entirely  a  question  for  a  jury, 
•  28* 


326     THE  ADVENTURES  OF  A  GENTLEMAN 

assuming  that  the  doubt  is  not  one  of  admissibility ; 
and,  therefore,  if  a  jury  decides  that  the  fact  of 
unsoundness  is  established,  inasmuch  as  they  are  the 
judges  of  fact,  I  apprehend  that  the  court  would 
not  set  aside  their  verdict  merely  because  the  evi- 
dence Avas  not  necessarily  decisive.  The  following 
case,  I  think,  bears  me  out  in  this  position: 

Lewis  V.  Peake,  7  Taunton,  153. — "  The  soundness 
or  unsoundness  of  a  horse,  is  a  question  peculiarly  fit 
for  the  consideration  of  a  jury,  and  the  court  will  not 
set  aside  a  verdict  for  a  preponderance  of  contrary 
evidence.  If  the  buyer  of  a  horse  with  warranty, 
relying  thereon,  resells  him  with  warranty,  and  being 
sued  thereon,  by  his  vendee,  offers  the  defence  to  his 
vendor,  who  gives  no  directions  as  to  the  action,  the 
plaintiff*  in  defending  that  action,  is  entitled  to  re- 
cover the  costs  thereof  from  his  vendor,  as  part  of 
the  damage  occasioned  by  his  breach  of  warranty." 

•"  This  is  correctly  quoted ;  but  to  an  unprofessional  reader,  it 
would  be  more  intelligible  to  substitute  "  defendant"  for  "  plain- 
tiff;"  the  party  would  indeed,  be  "  plaintiff"  in  the  action  against 
his  own  vendor,  but  a  plaintiff  can  scarcely  be  properly  spoken  of 
as  "  defending"  an  action  :  still,  for  the  sake  of  accuracy,  I  prefer 
quoting  the  report  as  I  find  it. 


IN   SEARCH  OF  A   HORSE.  327 

The  judgment  of  the  court  proceeded  on  the  ground 
that  the  warranty  of  the  first  vendor  induced  the  se- 
cond to  give  a  similar  warranty,  and  having  given  to 
the  first  vendor  notice  of  the  action,  he  was  justified 
in  going  on  with  the  defence,  instead  of  admitting 
the  objection  on  the  warranty,  and  relying  on  his 
remedy  over  upon  it ;  as  it  was  contended  by  counsel 
that  he  ought  to  have  done. 

We  now  arrive  at  the  awful  question,  what  is  in- 
tended by  soundness  in  a  horse  ?  and  though  I  have 
just  observed  that  this  is  properly  a  question  for  a 
jury,  I  do  not  mean  to  contend  that  there  is  not  a 
certain  legal  definition  of  the  term,  by  which  a  jury 
should  be  directed  to  consider  their  verdict. 

In  the  earlier  part  of  this  book,  writing  in  a  tone 
of  levity  more  becoming  the  character  of  the  topics 
of  which  I  have  there  treated,  I  have  remarked  upon 
the  contrariety  of  opinions  upon  unsoundness  as  they 
may  happen  to  be  expressed  by  dealers,  farriers,  or 
purchasers  :  all  these  parties  are  too  much  interested 
in  the  question  for  their  opinions  to  deserve  implicit 
confidence  ;  but  it  certainly  is  much  to  be  lamented 
that  our  courts  of  law  have  not  laid  down  some  uni- 
form decision  upon  the  subject  which  might  guide  all 


328     THE  ADVENTURES  OF  A  GENTLEMAN 

parties  to  a  sound  discretion  in  considering  the  policy 
of  an  appeal  to  a  jury :  it  not  only  would  save  jury- 
men the  trouble  of  long  and  painful  consideration 
upon  the  value  of  evidence,  but  would  prevent  a  mul- 
tiplicity of  perjury  in  horse  causes,  that  are  now  un- 
fortunately proverbial  for  it. 

What  then  is  the  meaning  of  soundness  ?  When 
the  word  is  applied  to  a  horse,  we  have  seen  that  in 
the  case  of  Coltherd  v.  Puncheon,  "good,"  means 
"good  in  all  particulars." 

In  quoting  1  Rolls  Abridg.  p.  90,  Mr.  Justice  Law- 
rence appears,  we  have  seen,  to  consider  "  secret 
maladies"  as  the  essential  ingredient  in  unsoundness. 

In  two  cases  already  quoted,  Elton  v.  Brogden, 
and  Shillito  v.  Claridge,  Lord  Ellenborough  gives  his 
opinion  that,  "if  a  horse  is  affected  by  any  malady 
which  renders  him  less  serviceable  for  a  permanency, 
it  is  unsoundness ;"  and  again,  that  "a  warranty  of 
soundness  is  broken  if  the  animal  at  the  time  of  the 
sale  had  any  infirmity  upon  him  which  rendered  him 
less  fit  for  present  service ;  it  is  not  necessary  that 
the  disorder  should  be  permanent  or  incurable."  The 
author  of  the  anonymous  work  I  have  already  quoted, 
defines  soundness  to  be  in  its  enlarged  sense  "  an  ex- 


IN   SEARCH  OF  A   HORSE.  329 

emption  from  radical  constitutional  defects,  but  in  its 
practical  sense,  it  is  construed  so  as  to  exclude  every 
defect  by  which  the  animal  is  rendered  less  fit  for 
present  use  and  convenience."  All  these  definitions 
are  vague,  insufficient,  and  unsatisfactory ;  although 
my  anonymous  friend,  in  his  practical  construction  of 
the  term,  approaches  very  nearly  to  what  I  consider 
ought  to  be  its  legal  as  wellas  its  usual  meaning. 

Veterinary  surgeons  are  sometimes  equally  inaccu- 
rate. Mr.  John  Lawrence,  who,  I  believe,  was  con- 
sidered eminent  in  his  profession,  defined  soundness 
to  imply,  "  not  diseased,  lame,  blind,  or  broken- 
winded,  nor  having  at  the  time  of  sale  any  impend- 
ing cause  thereof."  This  definition  is  not  only  vague, 
for  disease  is  itself  an  uncertain  term,  but  is  also  un- 
intelligible. 

Mr.  Taplin,  in  his  Stable  Directory,  asserts  the 
sporting  definition  of  the  w^ord  to  be,  "a  perfect 
state  of  both  the  frame  and  bodily  health  of  the 
horse,  without  exception  or  ambiguity ;  the  total  ab- 
sence of  blemishes,  as  w^ell  as  defects;  a  freedom 
from  every  imperfection,  from  all  impediment  to  sight 
or  action." 

It  is  obvious  that  this  definition  is  almost  ludi- 


330     THE  ADVENTURES  OF  A  GENTLEMAN 

crously  high ;  the  horse  is  in  its  perfect  state  only  in 
an  unreclaimed  condition  ;  and  it  may  well  be  doubt- 
ed if  even  in  a  state  of  nature  the  majority  of  the 
herd  are  perfect. 

I  have  understood  the  opinion  of  Mr.  Mavor,  an 
eminent  veterinary  surgeon,  to  have  been  given  in  a 
court  of  law,  that  "  he  considers  a  horse  to  be  sound 
which  is  perfect  in  structure,  and  perfect  in  function  ; 
and  that  even  Avhere  his  structure  is  not  perfect,  that 
if  he  has  never  been  lame,  or  incapacitated  from  per- 
forming his  ordinary  duties,  nor  likely  to  be  incapa- 
citated from  performing  them  with  equal  facility,  he 
still  is  sound."* 

*  I  have  been  censured  in  a  review  of  this  work  for  the  quo- 
tation of  this  opinion  of  Mr.  Mavor's  without  acknowledging  the 
channel  through  which  it  reached  me.  The  reviewer,  after 
alluding  to  a  book  called  "  The  Horseman's  Manual,"  and  inti- 
mating that  I  had  untruly  denied  a  knowledge  of  that  book,  says 
of  Mr.  Mavor's  opinion,  "  We  know  it  was  furnished  exclusively 
to  the  author  of  '  the  Horseman's  Manual.'  "  This  knowledge  of 
the  reviewer  strongly  implies  that  he  is  one  and  the  same  person 
with  the  author  of  the  Manual,  and  the  soreness  which  he  betrays 
at  my  omitting  to  mention  that  work  by  name,  adds  strength  to 
the  suspicion.  Had  I  availed  myself  of  Mr.  Mavor's  opinions  and 
attempted  to  pass  them  current  as  my  own,  I  should  have  been 


IN   SEARCH  OF  A   HORSE.  331 

I  acknowledge  that  this  definition,  though  not 
quite  satisfactory  to  my  mind,  is  more  so  than  any 
other  that  I  have  happened  to  find.  It  ought  to  be 
recollected,  that  the  domesticated  animal  is  in  a  ne- 

guilty  ofj^great  dishonesty;  but  this  is  the  first  time  I  ever  heard 
that  it  was  not  competent  to  an  author  to  quote  the  published 
opinion  of  another  person  by  name,  without  subjecting  himself  to 
the  charge  of  iilagiarism  ! 

The  fact  is,  that  I  received  the  opinion  in  the  first  instance, 
from  a  friend,  who,  knowing  that  I  was  engaged  on  the  subject  of 
Horse  warranty,  thought  it  would  'be  interesting  to  me.  I  under- 
stood from  him  that  it  had  been  delivered  in  a  court  of  law,  and  I 
have  so  quoted  it  above.  Long  after  my  work  was  gone  to  press, 
I  heard  of  the  Horseman's  Manual  for  the  first  time.  I  read  it 
with  attention,  and  I  found  it  badly  arranged,  very  superficial, 
and  what  is  still  worse,  inaccurate  both  in  the  quotation  and 
construction  of  cases.  I  will  at  present  quote  but  one  instance  ; 
the  first  that  occurs  to  me  on  opening  the  book.  The  author  at 
page  69,  cites  the  case  of  Fenn  v.  Harrison,  3  T.  R.  757,  and 
puts  into  Lord  Kenyon's  mouth  an  opinion  directly  opposite  to 
that  tvhich  his  Lordship  pronounced ;  and  this,  not  by  any  accidental 
error  of  the  press,  but  by  a  correct  quotation  of  the  judicial  lan- 
guage, and  an  incorrect  application  of  it  to  the  subject;  thus 
proving  to  demonstration  that  he  did  not  comprehend  what  he 
was  writing  about !  My  object  not  being  to  criticise  the  works  of 
others,  but  to  improve  my  own,  I  thought  the  most  charitable 
course  was  to  omit  the  notice  of  a  book  that  I  could  not  quote 


332     THE  ADVENTURES  OF  A  GENTLEMAN 

cessarily  artificial  state ;  and  consequently,  that  all 
terms  implying  perfection,  must  be  qualified  by 
reference  to  liis  acquired  habits  and  intended  use  ; 
but  if,  having  regard  to  the  purpose  for  which  he 

■without  censure.  I  have  done  the  author  no  injury,  however,  for 
though  his  work  seems  to  have  been  published  for  nearly  five 
years,  it  has  not  yet  reached  a  second  edition ;  and  I  can  assure 
him  for  his  comfort,  that  it  is  as  little  know^n  in  legal  circles  as  I 
am,  thank  heaven,  in  the  betting-room  at  Tattersall's. 

There  is  another  instance  of  amusing  resemblance  between  the 
reviewer  and  the  author  of  the  Horseman's  Manual,  which  I 
cannot  forbear  quoting.  It  proves  them  to  be  equally  "  strong 
in  their  law."  Referring  to  the  case  of  Broennenburg  v.  Haycock, 
hereafter  quoted,  the  reviewer  comments  on  my  ignorance  in  not 
knowing  that  this  decision  had  been  overruled.  I  confess  my 
ignorance,  and  truly  grateful  should  I  have  felt  to  my  critic,  had 
he  enlightened  it :  but  following  the  example  of  his  friend,  the 
author  of  the  Manual,  who  quotes  two  cases  of  Earle  v.  Patterson 
and  Taunton  v.  Adams,  for  which  he  gives  no  authority,  my  re- 
view^er  in  like  manner  overrules  Mr.  Justice  Burrough's  decision, 
and  challenges  my  law  upon  his  own  "distinct  recollection"  of  the 
case  of  Paul  v.  Hardwick  ! ! !  He  cites  no  report  for  it ;  quotes  no 
author;  gives  no  abstract  even  of  the  facts:  but,  on  his  own 
supreme  anonymous  authority,  consigns  the  learned  judge  to  all 
the  ignominy  of  judicial  darkness !  I  have  searched  in  vain 
through  Harrison's  Index  of  all  reported  cases  for  this  valuable 
decision  of  Paul  and  Hardwick.     But  it  is  difficult  to  baffle  an 


IN  SEARCH  OF  A  HORSE.  333 

is  domesticated,  and  to  the  discipline  both  moral  and 
physical,  to  which  he  is  subjected  to  qualify  him  for 
those  purposes,  the  horse  is  capable  of  performing 
them  satisfactorily,  with  comfort  and  safety  both  to 
his  o^yneY  and  to  himself,  he  should  be  considered 
sound.  It  is  to  be  observed  however,  that  in  con- 
sidering this  point,  regard  must  be  had  to  the  man- 
ner in  which  he  is  to  be  employed ;  for  nothing  is 
more  common  than  for  the  purchaser  to  use  his  horse 
in  novel  duties,  such  as  a  gig  horse  for  the  field,  or  a 
hunter  for  the  road ;  and  this  sudden  change  of  his 
accustomed  habits  perhaps  superinduces  or  elicits  in- 
firmities, or  even  disease,  to  which  the  horse  might 
long  have  remained  a  stranger  had  he  continued  in 
his    ordinary   occupation.     Yet,   if  such    disease   or 

attorney  in  case-hunting !  I  have  at  length  found  this  case  of 
Paul  I'.  Hardwick.  It  is  in  Dodsley's  Annual  ILegister! !  I  need 
scarcely  quote  from  an  authority  like  this  for  the  benefit  of  my 
legal  readers :  others  who  only  read  law  for  amusement  will  find 
much  more  in  the  daily  reports  from  the  Courts  of  Request ;  but 
n'trnporte,  the  learned  critic  is  not  only  "  strong,"  but  omnipotent 
"  in  his  law ;"  and  I  bow  to  his  learning  with  respect. 

For  his  other  criticisms  I  feel  obliged  to  him ;  some  of  them 
have  been  of  essential  service  to  me,  as  the  improvements  in  this 
edition  will  show. 

29 


334     THE  ADVENTURES  OF  A  GENTLEMAN 

infirmity  shows  itself,  dispute  about  his  soundness  is 
sure  to  follow. 

I  am  much  disposed  to  adopt  Mr.  Mayor's  defini- 
tion, modifying  it  only  in  one  particular.  I  should 
say,  that  a  horse  is  sound,  if  he  is  not  laboring  under 
such  disease  or  infirmity,  or  symptoms  of  approach- 
ing disease  or  infirmity,  as  incapacitate  him  for  the 
safe  performance  of  all  reasonable  work,  of  the  cha- 
racter for  which  he  is  avowedly  purchased.  If  a 
jury  is  satisfied  that  any  defect  or  disease  existed  at 
the  sale,  or  any  symptom  of  approaching  infirmity  or 
disease,  that  would  incapacitate  him  for  his  atjcus- 
tomed  labor,  their  verdict  should  be  unsoundness. 

Mr.  Sewell,  who  has  added  largely  to  the  obliga- 
tions which  I  have  already  expressed  to  him  in  my 
former  editions,  has  suggested  to  me  a  means  of  pre- 
venting litigation  on  the  question  of  soundness, 
which  I  think,  well  deserves  the  consideration  of 
influential  men  in  the  sporting  world.  It  is  now 
settled  in  the  case  of  blood  stock,  that  their  age 
shall  be  dated  from  the  1st  of  January.  This  very 
convenient  arrangement  has  been  efi*ected  by  the 
influence  of  the  Jockey  Club,  and  is  recognized  in 
courts  of  law.     Why  cannot  the  same  authority  be 


IN   SEARCH  OF  A   HORSE.  335 

exerted  to  settle  the  form  and  construction  of  a 
general  warranty  ?  The  difficulty  appears  to  be,  to 
make  the  understanding  at  once  so  general  as  to  in- 
sure due  protection  to  the  purchaser,  and  so  specific 
as  not  to  subject  the  seller  to  speculative  construc- 
tion of  its  meaning :  but  I  think  this  difficulty  is  not 
insurmountable.  A  warranty,  as  now  understood, 
protects  against  all  defects  known  or  unknown  to  the 
seller,  unless  such  as  are  specially  excepted.  This 
is  too  comprehensive.  If  it  were  conventionally 
settled,  that  a  general  warranty  shall  extend  only  to 
all  defects  discovered  within  a  given  time,  as  a  week 
for  instance,  or  against  all  defects  incapacitating  a 
horse  for  that  labor  for  which  he  is  avowedly  pur- 
chased,— a  construction  which  I  should  prefer, — 
little  difference  of  opinion  could  arise  as  to  the  horse 
answering  such  a  warranty.  The  first  form  of  war- 
ranty would  certainly  dispose  of  nearly  all  doubtful 
cases.  The  second  would  render  the  contract  be- 
tween the  buyer  and  seller  too  clear  and  precise  to 
leave  room  for  any  question  that  a  groom  could  not 
easily  determine.  Such  an  arrangement  would  con- 
siderably abridge  the  inquiry  of  a  jury  on  every 
horse  cause,   by  reducing   the  issue   to  the  simple 


336     THE  ADVENTURES  OF  A  GENTLEMAN 

question  of  the  horse's  capacity  for  given  work,  whe- 
ther laboring  under  disease  or  not ;  and  the  conve- 
nience would  be  soon  found  so  great  to  the  public, 
that  I  have  little  doubt  of  the  courts  of  law  inclining 
to  sanction  such  a  construction  of  a  horse  warranty. 
The  capacity  of  a  horse  for  work  would  of  course  be 
in  many  instances  a  critical  question ;  nor  would  it 
be  less  so,  whether  the  work  in  which  the  purchaser 
had  employed  him,  corresponded  with  that  for  which 
he  had  avowedly  purchased  him  ;  but  these  are  facts 
that  would  scarcely  admit  of  such  contradictory 
evidence,  as  is  given  in  the  case  of  scientific  opinion. 
Every  man  accustomed  to  horses  can  at  once  say 
whether  the  animal  can  work  satisfactorily,  though 
very  few  are  competent  to  give  a  correct  opinion 
whether  a  horse  is  diseased,  or  whether  the  disease 
is  of  long  standing  or  of  recent  occurrence. 

A  case  lately  occurred  to  myself,  that  illustrates 
the  utility  of  such  a  definition.  I  had  a  mare  stand- 
ing at  Mr.  Woodin's  for  sale.  He  had  been  ac- 
quainted with  her  for  several  months,  and  relying 
on  his  knowledge  of  her,  and  his  judgment  in  such 
matters,  I  warranted  her  sound  to  a  gentleman,  who, 
on  trial  of  her,  expressed  himself  satisfied  with  her 


IN   SEARCH  OF  A  HORSE.  337 

paces  and  general  appearance.  He  rode  her  a 
second  time  to  Mr.  Field's,  but  not  without  disclos- 
ing his  intention  to  have  her  examined,  to  which  I 
readily  acceded ;  here  she  was  condemned  as  lame  in 
her  off  hock :  of  course  he  declined  purchasing  her. 
Now  what  is  the  fact  ?  About  four  months  before, 
she  threw  a  curb,  of  which  she  speedily  recovered, 
though  the  blemish  remained,  and  was  pointed  out 
to  him  in  the  first  instance,  when  the  warranty  of 
soundness  was  offered :  so  far,  however,  was  she 
from  being  disabled,  that  she  twice,  within  three 
weeks,  carried  me  forty  miles  without  drawing  bit, 
and  once  had  a  fair  day  with  the  fox-hounds !  It 
will  be  readily  supposed  that  I  should  not  have  thus 
worked  a  lame  horse,  which  I  was  about  to  sell  at 
the  end  of  the  season.  Without  distrusting  the  skill 
of  Mr.  Field,  for  whom  I  have  a  sincere  respect,  I 
had  more  confidence  in  Mr.  Woodin's  opinion,  con- 
firmed as  it  was  by  my  own  experience  of  the  mare. 
Mr.  Field  was  misled  by  the  blemish :  the  mare  was 
not  lame  any  where ;  and  had  the  only  question  put 
to  Mr.  Field,  been  as  to  her  capacity  for  work,  I 
should  not  have  lost  a  purchaser,  and  the  purchaser 
would  not  have  lost  a  cheap  and  very  useful  horse : 
29* 


338     THE  ADVENTURES  OF  A  GENTLEMAN 

but  yet  I  admit  that  a  blemish  of  this  nature,  though 
not  attended  with  any  lameness,  justified  Mr.  Field 
in  advising  that  she  was  an  unsound  horse,  according 
to  the  usual  acceptation  of  the  term,  had  I  sup- 
pressed the  fact  in  giving  the  warranty,  though  it 
may  perhaps  be  doubted  whether  a  curb,  being  a 
patent  defect,  comes  within  a  warranty  of  unsound- 
ness. 

It  would  also  reduce  disputes  on  horse  warranties 
materially,  if  special  warranties  were  more  frequently 
given.  Such  warranties  are  indeed  not  uncommon 
as  it  is.  I  have  seen  many  with  special  exceptions, 
as  of  an  eye,  a  cough,  a  splent,  &c.  ;  nor  is  there  any 
good  reason  why  any  infirmities  of  this  kind,  scarcely 
affecting  the  price  of  a  horse  otherwise  sound  and 
good,  should  not  be  openly  avowed.  The  only  reason 
why  they  are  studiously  concealed,  is  that  ignorant 
buyers  over-rate  their  importance ;  but  if  it  were 
customary  with  respectable  dealers  to  declare  them, 
it  would  soon  be  felt  that  they  were  not  considered 
of  sufiicient  consequence  to  affect  the  price  of  a 
horse  purchased  bona  fide  for  labor,  and  not  for  the 
market. 

It  might  also  be  an  express  condition  of  every 


IN   SEARCH  OF  A  HORSE.  339 

warranty  tliat  the  opinion  of  a  veterinary  surgeon,  to 
be  named  before  the  purchase,  should  be  conclusive 
between  the  parties,  and  the  return  of  the  horse 
should  be  a  necessary  consequence  of  his  being  thus 
certified  to  be  incapable  of  the  work  for  which  he 
was  sold. 

I  shall  now  endeavor,  in  reference  to  the  warranty 
of  soundness,  to  explain  its  meaning,  by  quoting  the 
cases  which  establish  any  particular  disease  or  infir- 
mity to  amount  to  unsoundness ;  and  then  I  will  give 
a  short  summary  of  all  the  complaints,  which,  as  the 
law  stands,  would  fall  within  the  term. 

It  would  seem  extraordinary  that  so  few  cases  are 
to  be  found  in  the  books,  that  contain  decisions  upon 
the  question  of  soundness,  as  respects  any  specific 
disease.  When,  however,  the  principle  already  quo- 
ted is  remembered,  that  soundness  is  for  the  jury  to 
determine,  it  is  obvious  that  special  disease  can  rarely 
fall  under  the  consideration  of  the  court,  except  col- 
laterally; hence,  after  a  close  examination  of  the 
reports,  I  find  that  the  following  disorders  are  the 
only  ones  on  which  any  distinct  opinion  has  been 
expressed  by  our  judges  :  Roaring,  temporary  lame- 
ness, coughs,  splents,  nerving,  opthalmia,  crib-biting, 
glanders,  and  hereditary  disease. 


340     THE  ADVENTURES  OE  A  GENTLEMAN 

Chest-founder  has  been  assumed  to  be  unsoundness, 
and  also  a  SAVollen  leg  proceeding  from  a  kick,  but 
not  formally  so  decided  in  any  recorded  cases,  though 
as  regards  chest-founder,  I  shall  hereafter  refer  to  a 
case  in  which  it  was  relied  upon  as  unsoundness. 

Roaring  was  held  to  constitute  unsoundness,  in  the 
case  of  Onslow  v.  Eames,  2  Starkie,  81. 

"Roaring  constitutes  unsoundness  in  a  horse." 
Lord  Ellenborough :  "If  a  horse  be  affected  by  any 
malady  which  renders  him  less  serviceable  for  a 
permanency,  I  have  no  doubt  that  it  is  an  unsound- 
ness." 

Yet,  in  the  following  case  of  Bassett  v,  Collis,  a 
distinction  is  drawn,  upon  the  authority  of  Sir  James 
Mansfield,  who  certainly  was  a  good  sportsman  as 
well  as  a  learned  judge,  between  roaring  as  a  habit 
and  roaring  attended  by  organic  infirmity.  The  case 
just  mentioned  was  prior  in  point  of  date,  and  there- 
fore, Onslow  V.  Eames  is  better  authority.  On  the 
trial  of  the  latter  cause,  Mr  Field  stated  in  evidence, 
that  roaring  was  "  occasioned  by  the  neck  of  the 
windpipe  being  too  narrow  for  accelerated  respira- 
tion." Bassett  v.  Collis  is  found  in  2  Campbell,  523; 
the  following  are  Lord  Ellenborough's  remarks: 

"It  has  been  held  by  very  high   authority,  (Sir 


IN  SEARCH  OF  A   HORSE.  341 

James  Mansfield,)  that  roaring  is  not,  necessarily, 
unsoundness ;  and  I  entirely  concur  in  that  opinion. 
If  the  horse  emits  a  loud  noise,  which  is  ofifensive  to 
the  ear,  merely  from  a  bad  habit  which  he  has  con- 
tracted, or  from  any  cause  which  does  not  interfere 
with  his  general  health,  or  muscular  powers,  he  is 
still  to  be  considered  a  sound  horse.  On  the  other 
hand,  if  the  roaring  proceeds  from  any  disease,  or 
organic  infirmity,  which  renders  him  incapable  of 
performing  the  usual  functions  of  a  horse,  then  it 
does  constitute  unsoundness.  The  plaintiff  has  not 
done  enough,  in  showing  that  this  horse  was  a  roarer : 
to  prove  a  breach  of  the  warranty,  he  must  go  on  to 
show  that  the  roaring  was  symptomatic  of  dis- 
ease." 

If  it  be  true,  as  is  commonly  reported,  that  the 
celebrated  Eclipse  was  a  roarer,  the  complaint  ought 
not  to  be  viewed  as  necessarily  amounting  to  unsound- 
ness, unless  the  proximate  cause  of  it  is  proved  to  be 
organic  disease. 

Temporary  lameness  would  appear,  upon  every 
principle  of  common  sense,  to  be  unquestionable 
unsoundness ;  and  so,  I  apprehend,  it  may  be  con- 
sidered as  now  decided.  Yet  there  are  contradictory 
decisions  upon  this  point;   and  as  in  both  cases  the 


342     THE  ADVENTURES  OF  A  GENTLEMAN 

judgment  of  the  court  lays  down  a  very  important 
principle,  applicable  to  all  questions  of  soundness,  I 
shall  extract  them  fully. 

The  first  in  date  is  to  be  found  in  2  Espin.  Rep. 
673,  Garment  V.  Barrs ;  where  it  is  held,  "a  war- 
ranty that  a  horse  is  sound,  is  not  false  because  the 
horse  labors  under  a  temporary  injury  from  an  acci- 
dent at  the  time  the  defendant  warranted  the  horse 
to  be  sound."  The  plaintiff  observed  that  she  went 
rather  lame  on  one  leg ;  the  defendant  replied  that  it 
had  been  occasioned  by  her  taking  up  a  nail  at  the 
farrier's,  and  except  as  to  that  lameness,  she  was  per- 
fectly sound. 

Chief  Justice  Eyre:  "Ahorse  laboring  under  a 
temporary  injury  or  hurt,  which  is  capable  of  being 
speedily  cured,  or  removed,  is  not,  for  that,  an 
unsound  horse ;  and  where  a  warranty  is  made  that 
such  a  horse  is  sound,  it  is  made  without  any  view  to 
such  an  injury ;  nor  is  a  horse,  so  circumstanced, 
within  the  meaning  of  the  warranty.  To  make  the 
exception  a  qualification  of  the  general  warranty,* 


*  These  words  are  correctly  quoted,  but  not  very  intelligible, 
except  by  the  context :  it  would  perhaps  be  better  expressed  had 
it  been  said,  "  To  bring  the  case  within  the  general  warranty,  the 
injury,"  &c. 


IN  SEARCH  OF  A  HORSE.  343 

the  injury  the  horse  had  sustained,  or  the  malady 
under  which  he  labored,  ought  to  be  of  a  permanent 
nature,  and  not  such  as  arose  from  a  temporary  injury 
or  accident." 

The  other  case  is  that  of  Elton  v.  Brogden,  4 
Campbell,  287,  already  mentioned.  "  A  temporary 
lameness,  rendering  a  horse  less  fit  for  present  ser- 
vice, is  a  breach  of  a  warranty  for  soundness." 

Lord  Ellenborough :  "I  have  always  held,  and  I 
now  hold,  that  a  warranty  of  soundness  is  broken,  if 
the  animal,  at  the  time  of  the  sale,  had  any  infirmity 
upon  him  which  rendered  him  less  fit  for  present  ser- 
vice. It  is  not  necessary  that  the  disorder  should  be 
permanent,  or  incurable  ;  while  he  has  a  cough,  I  say 
he  is  unsound,  although  that  may  either  be  tempo- 
rary, or  may  prove  mortal.  The  horse  in  question 
having  been  lame  at  the  time  of  sale,  when  he  was 
warranted  to  be  sound,  his  condition  subsequently  is 
no  defence  to  the  action." 

I  cannot  undertake  to  reconcile  such  high,  and  yet 
such  contradictory  authorities,  but  I  think  that  Lord 
Ellenborough's  is  the  sounder  of  the  two. 

Coughj  which  is  the  usual  indication  of  severe  cold, 
is  unsoundness  of  a  less  equivocal  character.     It  will 


344     THE  ADVENTURES  OF  A  GENTLEMAN 

have  been  noticed  that  Lord  Ellenborough  alludes  to 
it  in  the  case  of  Elton  v.  Brogden,  just  quoted.  The 
following  case,  Liddard  v.  Kain,  9  Moore,  356,  raised 
the  question,  and  it  may  be  observed  in  passing,  that 
the  doctrine  of  a  continuing  warranty,  here  estab- 
lished, is  very  important. 

"  Where  the  seller  informed  the  buyer  that  one  of 
two  horses  he  was  about  to  sell  him  had  a  cold,  but 
he  agreed  to  deliver  both  at  the  end  of  a  fortnight, 
sound,  and  free  from  blemish ;  and  at  the  expiration 
of  the  time,  the  horses  were  delivered,  but  the  cough 
on  the  one  still  continued,  and  the  other  had  a  swollen 
leg,  in  consequence  of  a  kick  he  had  received  in  the 
stable ;  and  the  seller  brought  an  action  to  recover 
the  price,  and  the  jury  found  a  verdict  for  the  pur- 
chaser ;  the  court  refused  to  grant  a  new  trial,  as  the 
warranty  did  not  apply  to  the  time  of  sale  only,  but 
was  a  continuing  warranty  to  the  end  of  the  fort- 
night." 

On  the  question  of  a  cough  being  unsoundness, 
Chief  Justice  Best  held,  though  the  cough  might  be 
a  mere  temporary  unsoundness,  yet  it  might  eventu- 
ally produce  a  disease  on  the  lungs.  It  should  be 
noticed  that  Mr.  Sergeant  Wilde  contended,  in  this 


IN   SEARCH  OF  A  HORSE.  345 

case,  that  the  warranty  did  not  extend  to  the  cough 
or  cold,  because  it  was  an  existing  and  manifest 
defect ;  and  that,  if  a  warranty  had  been  given  against 
an  apparent  defect,  it  would  have  been  void  in  law. 
This  argument  did  not  appear  to  have  any  weight 
with  the  court. 

The  next  case  ingeniously  contrives,  though  I 
believe  without  intending  it,  to  rip  open  the  princi- 
ple laid  down  by  the  same  judge  in  Elton  v.  Brogden, 
for  here  permanency  seems  to  be  held  essential  to 
make  a  cough  unsoundness  ;  the  case  is  also  important 
in  establishing  another  maxim,  that  severe  exercise 
of  the  horse  by  -hunting,  though  tending  to  aggra- 
vate the  disease,  will  not  discharge  the  seller  from 
his  liability. 

It  is  held  in  Shilto  v.  Claridge,  2  Chitt.  425,  that 
"  a  cough,  unless  proved  to  be  of  quite  a  temporary 
nature,  is  an  unsoundness,  and  a  verdict  for  the 
defendant  was  held 'wrong,  though  the  horse  had 
the  next  day  after  the  warranty  been  rode  a  hunt- 
ing." 

The  horse  had  a  cough  when  it  was  sold.  ^'  If  it 
had,"  said  Lord  EUenborough,  "and  the  cough  was 
of  a  permanent  nature,  I  have  always  held  that  it 
30 


346     THE  ADVENTURES  OE  A  GENTLEMAN 

was  a  breach  of  the  warranty,  and  such  has,  I  believe, 
always  been  the  understanding,  both  in  the  profession 
and  among  veterinary  surgeons.  On  that  understand- 
ing I  have  always  acted,  and  think  it  quite  clear." 

It  was  argued  that  two-thirds  of  the  horses  in  Lon- 
don had  coughs  ;  still  Lord  Ellenborough  said  it  was 
a  breach  of  the  warranty.  It  was  further  contended, 
that  the  plaintiff  was  told  that  the  horse  had  been 
used  only  on  the  road,  and  had  a  cough,  and  that  by 
hunting  it  he  had  aggravated  the  disease. 

Lord  Ellenborough :  "  Knowledge  makes  no  differ- 
ence. There  was  a  case  before  Mr.  Justice  Lawrence, 
in  which  it  was  held ;  and  it  was  there  said  that  the 
plaintiff  might  rely  on  the  warranty  only,  and  not 
choose  to  trust  to  his  own  knowledge."  "There  is 
no  proof  that  he  would  have  got  well,  if  he  had  not 
been  hunted." 

Splents  are,  as  I  have  elsewhere  observed,  of  very 
equivocal  importance ;  but  I  entertain  no  doubt  what- 
ever, in  my  own  mind,  but  that  they  amount  to 
unsoundness,  if  they  are,  either  from  their  location, 
or  their  size,  likely  to  impede  the  action  of  the  ten- 
dons. The  only  case  that  I  can  find  upon  the  subject 
is  the  following : 


IN  SEARCH  OF  A  HORSE.  347 

Margetson  v.  Wright,  8  Bingham,  454,  where  it  is 
held,  that  as  some  splents  cause  lameness,  while  oth- 
ers do  not,  a  splent  is  not  one  of  those  patent  defects 
against  which  a  warranty  is  inoperative ;  and  also 
that  the  defendant  having  warranted  a  horse  sound 
at  the  time  of  the  contract,  and  the  horse  having  after- 
wards become  lame  from  the  effects  of  splent  invisible 
when  the  defendant  sold  him,  the  defendant  was 
liable  on  his  warranty. 

The  case  had  been  before  the  court  on  a  former 
occasion,  (vide  7  Bingham,  603,)  when  it  appeared 
that  the  defendant  had  warranted  the  horse  to  be 
sound,  wind  and  limb,  at  the  time  of  the  bargain,  and 
sold  it  for  ^90 ;  it  was  a  race-horse,  which  had 
broken  down  in  training,  and  was  affected  with 
splent — circumstances  which  were  disclosed  to  the 
plaintiff,  and  but  for  which  the  horse  would  have 
been  worth  X500.  It  was  held  that  this  warranty 
did  not  import  that  the  horse  was  fit  for  the  purposes 
of  an  ordinary  horse. 

This  case  is  doubly  important,  because  it  was  also 
held,  that  defects  apparent  at  the  time  of  warranty 
are  not  included  in  it. 

Chief  Justice  Tindal ;   "  Two  subjects  which  might 


348     THE  ADVENTURES  OF  A  GENTLEMAN 

or  might  not  have  become  a  source  of  unsoundness — 
namely,  crib-biting  and  a  splent — were  discovered  by 
the  parties  at  the  time  of  the  bargain,  and  after  that 
discussion,  the  warranty  in  question  was  entered  into. 
Now  the  older  books  lay  it  down,  that  defects  appa- 
rent at  the  time  of  the  bargain  are  not  included  in  a 
warranty,  however  general,  because  they  can  form  no 
subject  of  deceit  or  fraud;  and  originally,  the  mode  of 
proceeding  on  a  breach  of  warranty  was  by  an  action 
of  deceit,  grounded  on  a  supposed  fraud.  There  can, 
however,  be  no  deceit  where  a  defect  is  so  manifest 
that  both  parties  discuss  it  at  the  time.  A  party, 
therefore,  who  should  buy  a  horse,  knowing  it  to  be 
blind  in  both  eyes,  could  not  sue  on  a  general  war- 
ranty of  soundness.  In  the  present  case,  the  splent 
was  known  to  both  parties,  and  the  learned  judge 
left  it  to  the  jury  to  say  wdiether  the  horse  was  fit 
for  ordinary  purposes.  His  direction  would  have 
been  less  subject  to  misapprehension,  if  he  had  left 
them  to  consider  whether  the  horse  w\as,  at  the  time 
of  the  bargain,  sound  wind  and  limb,  save  those 
manifest  defects  contemplated  by  the  parties.  It 
seems  to  us,  therefore,  that  the  jury  may  have  been 
in  some  degree  misled,  and  that  the  purposes  of  jus- 


IN   SEARCH  OF  A  HORSE.  349 

tice  will  be  better  attained  bj  sending  the  cause  to  a 
second  inquiry." 

I  have  before  adverted  to  this  doctrine,  that  appa- 
rent defects  are  not  contemplated  by  a  warranty  of 
soundness ;  but  if  it  is  sound  doctrine,  it  certainly 
is  to  be  received  with  considerable  qualification : 
namely,  that  the  defect  must  be  so  unequivocal 
as  to  be  visible  to  a  common  observer :  except  with 
this  reserve,  it  is  difficult  to  reconcile  it  with  the 
case  of  Buchanan  v.  Parnshaw,  2  Term  Reports,  745, 
where  an  action  was  held  to  be  maintainable  for 
breach  of  warranty,  that  a  horse  was  twelve  years 
old,  when  it  had  been  represented  to  be  only  six. 
Now  the  age  of  a  horse,  if  he  exceeds  eight,  is  a 
patent  defect ;  and  consequently,  upon  the  doctrine 
laid  down  in  Margetson  v.  Wright,  an  action  would 
not  be  maintainable  upon  such  a  representation. 
There  is  the  case,  however,  before  mentioned,  of 
Budd  V.  Fairmaner,  in  8  Bingham,  48,  where  the 
warranty  being,  "Received  £10,  for  a  grey  four- 
year  old  colt,  warranted  sound,"  it  was  held 
that  the  action  did  not  lie,"  though  the  colt  proved 
to  be  only  three.  But  to  return  from  this  digres- 
sion— 

30* 


350     THE  ADVENTURES  OF  A  GENTLEMAN 

A  nerved  horse  is  held  to  be  unsound,  in  Best  v. 
Osborne,  Kyan  and  Moody,  290. 

It  was  proved  that  horses,  previously  lame,  would, 
when  nerved,  frequently  go  free  from  lameness,  and 
continue  so  for  years ;  and  that  horses,  after  the 
operation,  had  been  employed  for  years  as  cavalry 
horses,  in  active  service. 

Chief  Justice  Best  told  the  jury,  that  it  was  diffi- 
cult to  say  that  a  horse,  in  which  there  was  an  or- 
ganic defect,  could  be  considered  sound ;  that  sound, 
meant  perfect ;  and  a  horse  deprived  of  a  useful 
nerve  was  imperfect,  and  had  not  that  capacity  of  ser- 
vice which  is  stipulated  for  in  a  warranty.  The  plain- 
tiff obtained  a  verdict. 

It  is  due  to  Mr.  Sewell  to  mention,  that  this  ope- 
ration of  nerving  was  invented  by  him,  and  great 
credit  is  due  to  him  for  the  discovery  :  this  very  case 
proves  the  value  of  it,  when  it  shows  that  a  nerved 
horse  is  restored  to  such  a  use  of  his  powers,  as 
to  render  it  even  doubtful  if  he  may  not  be  warranted 
sound. 

I  can  find  no  case  in  the  law  books,  upon  the  sub- 
ject of  ophthalmia  ;  but  in  the  case  of  Earl  v.  Patter- 
son, tried  at  Guildhall,  before  Chief  Justice  Tindal, 


IN  SEARCH  OF  A   HORSE.       ^  351 

in  1830,  it  appeared  that  tlie  horse  was  suhject  to 
ophthalmia,  and  no  doubt  was  expressed  as  to  this 
amounting  to  unsoundness  :  the  only  question  at 
issue  being,  whether  the  disease  existed  at  the  time 
of  sale,  or  had  been  brought  on  by  the  mismanage- 
ment of  the  plaintiff's  servant. 

The  vice  of  crih-hiting  was  fully  discussed  in 
Broennenburg  v.  Haycock,  Holt,  N.  P.  C.  630.  Mr. 
Justice  Burroughs,  before  whom  the  cause  was  tried, 
said  that  he  considered  it  a  mixed  case  of  law  and 
fact.  "It  is,"  says  his  lordship,  "  a  mere  accident, 
arising  from  bad  management  in  the  training  of  the 
horse  ;  and  it  is  no  more  connected  with  unsoundness 
than  starting  or  shying." 

I  can  find  no  other  authority  upon  the  point;  and 
as  I  do  not  know  what  veterinary  evidence  was  given 
on  the  trial,  I  cannot  guess  whether  his  lordship  is 
wrong  as  a  lawyer,  or  as  a  farrier.  I  have  not  a  doubt 
in  my  own  mind,  that  crib-biting  constitutes  unsound- 
ness, so  long  as  the  doctrine  is  held  to  be  law,  that  in- 
dications of  approaching  disease  fall  under  that  term. 
A  crib-biter  will  never  retain  his  condition;  and  a  horse 
that  will  not  retain  his  condition,  is  never  fit  for  con- 
stant work.     Veterinary  surgeons  are   divided  as  to 


352     THE  ADVENTURES  OF  A  GENTLEMAN 

the  pathological  cause  of  this  falling  off  in  condition, 
but  all  are  agreed  upon  the  fact ;  and  I  think  it  not 
improbable,  that  the  habit  may  affect  the  secretion  of 
the  glands  from  which  the  saliva  proceeds,  and  there- 
by impede  digestion. 

The  disease  of  glanders  is  so  unequivocal  that  any 
authority  is  superfluous  to  prove  that  it  amounts  to 
unsoundness  :  I  may  however,  mention  that  in  the 
the  case  of  Morton  v.  Beddington,  tried  at  the  Lent 
Assizes  at  Bedford,  on  the  12th  of  March,  1838,  the 
breach  of  warranty  was  founded  on  this  complaint : 
the  case  is  more  deserving  of  notice  in  reference  to 
the  direction  of  Mr.  Baron  Parke  to  the  jury.  It 
was  proved  that  the  defendant  had  said  he  would  not 
warrant  the  horse,  but  if  the  plaintiff  chose  to  have 
him  at  all  risks  he  was  welcome :  while  on  the  other 
hand,  the  plaintiff  produced  evidence  that  the  defen- 
dant had  represented  the  horse  to  be  "  all  right,  ex- 
cept a  cold  he  had  caught  a  day  or  two  before." 
The  judge  left  it  to  the  jury  to  say  "whether  the  de- 
fendant had  warranted  the  horse,  or  whether  he  had 
simply  represented  that  to  the  best  of  his  judgment 
the  animal  was  all  right,  but  without  warranting 
him  as  part  of  the  contract."  The  jury  found  for  the 
defendant. 


IN   SEARCH  OF  A  HORSE.  363 

There  is  a  very  strong  case  upon  the  subject  of 
hereditary  disease,  in  1  Ryan  and  Moody,  136  ;  it  is 
the  case  of  Joliff  v.  Baudell.  The  following  is  a 
marginal  note  of  it : — 

Certain  sheep,  apparently  healthy  and  sound  in 
every  respect,  were  sold,  warranted  sound ;  two 
months  afterwards,  great  part  of  them  died.  There 
was  nothing  to  connect  the  disease  of  which  they 
died  with  their  previous  condition,  but  it  was,  in  the 
opinion  of  farmers  and  breeders,  an  hereditary  dis- 
ease, called  the  goggles,  and  incapable  of  discovery, 
until  its  fatal  appearance.  It  was  held  that  this 
disease  was  an  unsoundness  existing  at  the  time  of 
the  sale,  the  jury  being  of  opinion,  that  "  it  existed 
in  the  constitution  of  the  sheep  at  that  time." 

The  case  of  hereditary  disease  is  at  all  times  diffi- 
cult to  prove,  as  it  rarely  happens  that  a  purchaser 
can  trace  with  accuracy  the  diseases  of  the  breed, 
though  he  may  be  at  no  loss  to  prove  the  pedigree  of 
his  horse. 

Where,  however,  the  proof  of  both  is  accessible,  it 
seems  clear  that  a  constitutional  taint  is  unsound- 
ness ;  though  it  may  not  show  itself  till  the  offspring 
arrive   at   a  certain  age.     We  know  by  daily  expe- 


354     THE  ADVENTURES  OF  A  GENTLEMAN 

rience,  that  what  may  be  called,  for  lack  of  a  better 
term,  the  moral  qualities  of  a  horse,  are  acquired 
by  inheritance,  such  as  spirit,  activity,  and  docility. 
There  appears  to  be  no  satisfactory  reason  why  the 
same  principle  should  not  obtain  as  respects  their 
physical  vigor ;  especially,  when  we  also  find  that 
good  action  and  speed  are  almost  always  the  gift  of 
birth. 

I  have  alluded  to  the  case  of  chest-founder.  I 
find  this  mentioned  in  the  case  of  Atterbury  v. 
Fairmaner,  8  Moore,  32 ;  and  it  appears,  that  in 
that  case  it  was  the  only  unsoundness  upon  which 
the  plaintiff  relied ;  he  obtained  a  verdict,  and  the 
defendant  moved  for  a  new  trial,  on  the  ground 
that  there  was  no  such  disease.  In  support  of  this 
motion  he  produced  an  aflidavit  of  a  veterinary 
surgeon,  who  was  stated  to  be  "  most  experienced," 
to  prove  that  no  such  disease  was  known.  I  appre- 
hend, that  the  "experience"  of  this  gentleman 
would  have  been  doubted  at  the  Veterinary  Col- 
lege. The  case  however,  deserves  attention,  because 
the  defendant's  complaint  that  he  was  taken  by  sur- 
prise, was  answered  by  an  intimation,  that  he  might 
have  acquired  a  knowledge  of  the  unsoundness  on 


IN  SEARCH  OF  A   HORSE.  355 

which  the  purchaser  relied,  by  applying  to  a  judge  at 
chambers. 

The  case  of  Dickinson  v.  Follett,  1  Moody  and 
Robinson,  199,  tried  at  Exeter,  is  an  important  case 
upon  a  question  of  soundness  of  a  rare  occurrence. 
"  Mere  badness  of  shape,  though  rendering  the  horse 
incapable  of  work,  is  not  unsoundness."  This  mar- 
ginal note,  however,  by  no  means  gives  a  correct 
idea  of  the  decision.  It  appears  from  the  report 
that  the  horse's  action  was  so  defective,  that  in  work 
he  cut  himself  before,  or  interfered,  as  it  is  called. 
It  was  contended  for  the  plaintiff,  and  in  my  opinion 
correctly,  that  this  malformation  constituted  unsound- 
ness, although  at  the  time  of  sale  there  might  exist 
neither  lameness  nor  wound.  Mr.  Justice  Alderson, 
however,  drew  a  distinction  rather  too  fine  for  any 
body  but  a  lawyer : — "  The  horse  could  not  be  con- 
sidered unsound  in  law,  merely  from  badness  of 
shape.  As  long  as  he  was  uninjured,  he  must 
be  considered  sound.  When  the  injury  is  pro- 
duced by  the  badness  of  his  action,  that  injury 
constitutes  the  unsoundness,"  and  on  this  direc- 
tion the  jury  found  for  the  defendant.  This  is, 
in  other  words,  holding  that  the  existence  of  a  cause 


856     THE  ADVENTURES  OF  A  GENTLEMAN 

of  disease  is  not  unsoundness,  though  the  disease 
when  produced  by  that  cause,  is  so.  With  due  re- 
spect to  the  learned  judge,  I  cannot  feel  the  distinc- 
tion to  be  just. 

In  Bywater  v.  Richardson,  1  Adolphus  and  Ellis, 
508,  hereafter  quoted,  inflammation  of  the  navicular 
joint  is  held  to  be  unsoundness,  and  justly  so.  I  have 
had  one  horse  thus  affected  that  has  recovered,  and 
been  free  from  lameness  for  nearly  eight  months  ; 
but  I  believe  that  perfect  recovery  is  rare. 

These  are  all  the  cases  of  unsoundness  on  which  I 
can  find  that  the  courts  have,  directly  or  indirectly, 
given  an  opinion.  But  if  I  am  right  in  my  concep- 
tion of  unsoundness,  that  all  incapacitating  injury  or 
defect,  having  reference  to  the  duties  for  which  the 
horse  is  avowedly  purchased,  amount  to  unsoundness, 
I  think  that  all  the  following  cases  come  under  that 
description : — 

Lameness,  whether  chronic  or  accidental. 

Corns,  whether  recently  extirpated  or  not. 

Affections  of  the  lungs,  whether  asthmatic,  inflam- 
matory, or  otherwise  ;  and  thick  breathing,  if  it  pro- 
duces distress. 

Spavin,  enlarged  joints,  and  any  malformation  of 


IN  SEARCH  OF  A  HORSE.  357 

the  leg,  or  foot,  not  obvious  to  a  common  observer, 
and  impeding  the  action. 

Quitter,  and  any  ulcer,  fistula,  or  abscess,  -wher- 
ever it  may  be  seated. 

Glandular  swellings,  cough,  and  discharges  from 
the  mouth  or  nose. 

Sand-crack,  or  any  defect  in  the  hoof;  and  any 
tenderness  or  irritability  of  the  back,  quarters,  or 
withers,  making  the  saddle  or  harness  painful. 

All  diseases  of  the  eyes,  whether  it  produces  blind- 
ness or  not ;  but  if  the  disease  has  disappeared, 
leaving  blindness  as  the  result,  sufiiciently  obvious 
to  be  visible  to  a  common  observer,  I  consider  it  to 
be  a  patent  defect,  not  covered  by  a  warranty  of 
soundness. 

Lastly,  I  class  with  unsoundness,  pertinacious 
refusal  of  the  food,  because  it  is  certain  evidence 
of  the  horse's  being  either  constitutionally  or  locally 
diseased. 

Before  I  proceed  to  the  subject  of  returning  a 
horse  to  the  seller,  on  the  discovery  of  unsoundness, 
I  must  allude  to  a  very  important  case  that  has 
lately  been  decided,  on  the  extent  of  a  purchaser's 
right  of  trial.  It  is  the  case  of  Lord  Camoys  v, 
31 


35P     THE  ADVENTURES  OF  A  GENTLEMAN 

Scur.  It  has  not  yet  found  its  way  into  the  Law 
Reports,  but  a  very  accurate  report  of  it  is  given  in 
the  Times,  of  the  3d  June,  1840  ;  and  again,  of  the 
application  for  a  new  trial,  in  the  same  paper  of  the 
9th  June.  The  defendant  had  the  horse  on  trial 
with  a  view  to  purchase  him  :  being  distrustful  of 
his  own  powers,  he  put  General  Dyson's  groom  upon 
it,  the  groom  being  proved  to  be  an  experienced  and 
good  rider ;  it  was  also  proved  that  the  animal  was 
hot,  and  during  the  trial,  she  bolted  and  was  killed : 
the  plaintiff  brought  an  action  to  recover  her  value, 
on  the  ground  that  she  had  been  entrusted  to  the 
defendant  only,  and  that  he  was  not  warranted  in 
substituting  a  third  party  to  make  the  trial.  Mr. 
Justice  Coleridge  held  that  he  was  warranted,  and 
this  opinion  was  sustained  on  the  application  for  a 
new  trial:  much,  however,  seemed  to  turn  on  the 
acknowledged  skill  of  the  groom  to  whom  the  de- 
fendant confided  her ;  and  some  little  importance 
seemed  to  attach  to  the  circumstance  that  the  mare 
indicated  a  vicious  and  restive  disposition.  Brim- 
low  V.  Morrist,  1  Mod.  Rep.  was  quoted  in  the 
argument.  ^ 

The  question  has  been  much  mooted,  whether  a 


IN  SEARCH  OF  A  HORSE.  359 

horse  can  be  returned  upon  a  warranty  of  soundness, 
where  he  is  discovered  to  be  unsound,  or  whether 
the  only  remedy  open  to  the  purchaser  is  to  bring 
an  action  for  the  difference  of  value  occasioned  by 
the  unsoundness :  in  other  words,  whether  the  breach 
of  the  warranty  is  an  annihilation  of  the  contract. 

This  question  appears  to  have  been  decided  in 
the  case  of  Gompertz  v.  Denton,  3  Tyrwhitt,  232  ; 
where  it  was  held,  that  "  a  buyer  of  a  horse  on  a 
warranty  of  soundness,  can  only  recover  for  breach 
of  it  in  an  action  for  damages  ;  and  unless  both 
parties  agree  to  rescind,  or  unless  in  tke  original 
contract  it  was  stipulated  to  be  rescinded,  if  any 
breach  of  it  took  place,  the  buyer  cannot  sue  the 
seller  for  money  had  and  received,  as  for  a  failure  of 
the  original  consideration." 

The  case  of  Street  v,  Blay,  2  Barnwell  and  Adol- 
phus,  456,  was  referred  to  by  Lord  Lyndhurst  in 
the  case  last  quoted,  and  it  is  a  very  important  case, 
because  the  doctrine  of  return  underwent  full  con- 
sideration. The  plaintiff  sold  a  horse  to  the  defen- 
dant for  c£43,  with  a  warranty  of  soundness  ;  the 
defendant  sold  it  the  same  day  to  Bailey,  for  X45 ; 
Bailey  sold  it  the  next  day  to  Osborne ;  and  Osborne 


360     THE  ADVENTURES  OF  A  GENTLEMAN 

sold  it  two  or  three  days  afterwards  to  the  defen- 
dant for  <£30.  Osborne,  Bailey,  and  the  defendant, 
sold  it  without  a  warranty.  After  it  had  thus  re- 
turned into  the  defendant's  possession,  he  discovered 
that  it  was  unsound  at  the  time  that  he  first  pur- 
chased it  from  the  plaintiff,  and  he  offered  to  return 
it  to  him.  The  plaintiff  refused  to  take  it  back,  not- 
withstanding he  had  warranted  it,  and  brought  an 
action  against  the  defendant  to  recover  the  price  for 
which  he  had  sold  it  to  him.  These  were  the  facts 
of  the  case,  and  it  was  held  that, 

''  A  person  who  has  purchased  a  horse  warranted 
sound,  and  then  sold  it  again,  and  then  re-purchased 
it,  cannot,  on  discovering  that  the  horse  was  un- 
sound when  first  sold,  require  the  original  vendor  (to 
himself)  to  take  it  back  again :  nor  can  he,  by  reason 
of  the  unsoundness,  resist  an  action  by  such  vendor 
for  the  price  ;  but  he  may  give  the  breach  of  war- 
ranty in  evidence  in  reduction  of  damages. 

"  Semble  :  That  the  purchaser  of  a  sjjecific  chattel 
under  warranty,  having  once  accepted  it,  can,  in  no 
instance,  return  the  chattel,  or  resist  an  action  for 
the  price  on  the  ground  of  breach  of  warranty,  unless 
in  case  of  fraud,  or  express  agreement,  authorizing 
the  return,  or  by  consent  of  the  vendor. 


IN  SEARCH  OF  A  HORSE.  861 

"  But  where  the  contract  is  executory  only,  -syhen 
the  chattel  is  received,  as  where  goods  are  ordered 
of  a  manufacturer,  and  he  contracts  to  supply  them 
of  a  certain  quality,  or  fit  for  a  certain  purpose,  the 
vendor  may  rescind  the  contract  if  the  goods  do  not 
answer  the  warranty,  provided  he  has  not  kept  them 
longer  than  was  necessary  for  the  purpose  of  trial, 
or  exercised  the  dominion  of  an  owner  over  them,  as 
by  selling  them." 

In  delivering  his  judgment  on  this  case,  Lord  Ten- 
terden  adverted  to  the  case  of  Curtis  v.  Hannay,  3 
Esp.  N.  P.  C.  83,  where  Lord  Eldon  is  reported  to 
have  said,  ''  that  he  took  it  to  be  clear  law,  that  if  a 
person  purchased  a  horse  which  is  warranted  sound, 
and  it  afterwards  turned  out  that  the  horse  was  un- 
sound at  the  time  of  the  warranty,  the  buyer  might, 
if  he  pleased,  keep  the  horse,  and  .bring  an  action  on 
the  warranty,  in  which  he  would  have  a  right  to  re- 
cover the  difference  between  the  value  of  a  sound 
horse,  and  one  with  such  defects  as  existed  at  the 
time  of  the  warranty  ;  or  he  might  return  the  Jiorse 
and  bring  an  action.^  to  recover  the  full  money  paid  ; 
but  in  the  latter  case  the  seller  had  a  right  to  expect 
that  the  horse  should  be  returned  in  the  same  state 
31* 


362     THE  ADVENTURES  OF  A  GENTLEMAN 

he  was  when  sold,  and  not,  by  any  means,  dimi- 
nished in  value  ;"  and  "  that  if  it  were  in  a  worse 
state  than  it  would  have  been,  if  returned  immedi- 
ately after  the  discovery,  the  purchaser  would  have 
no  defence  to  an  action  for  the  price  of  the  article." 
"It  is  to  be  implied,"  Lord  Tenter  den  remarks, 
"  that  he  would  have  a  defence  in  case  it  were  re- 
turned in  the  same  state,  and  in  a  reasonable  time 
after  the  discovery.  This  doctrine  has  been  adopted 
in  Mr.  Starkie's  excellent  work  on  the  Law  of  Evi- 
dence, part  IV.,  p.  645  ;  and  it  is  there  said,  that  a 
vendee  may,  in  such  a  case,  rescind  the  contract 
altogether,  by  returning  the  article,  and  refuse  to 
pay  the  price,  or  recover  it  back  if  paid.  It  is,  how- 
ever, extremely  difficult,  indeed  impossible  to  recon- 
cile this  doctrine  with  those  cases  in  which  it  has 
been  held,  that  where  the  property  in  the  specific 
chattel  has  passed  to  the  vendee,  and  the  price  has 
been  paid,  he  has  no  right  upon  the  breach  of  the 
warranty  to  return  the  article,  and  revest  the  pro- 
perty in  the  vendor,  and  recover  the  price  as  money 
paid  on  a  consideration  which  has  failed ;  but  must 
sue  upon  the  warranty,  unless  there  has  been  a  con- 
dition in  the  contract  authorizing  the  return,  or  the 


IN   SEARCH  OF  A  HORSE.  363 

vendor  has  received  back  the  chattel,  and  has 
thereby  consented  to  rescind  the  contract,  or  has 
been  guilty  of  a  fraud,  which  destroys  the  contract 
altogether — See  Weston  v.  Downes,  1  Doug.  23  ; 
Towers  v.  Barrett,  1  T.  R.  133  ;  Payne  v.  Whale, 
7  East,  274  ;  Power  v.  Wells,  Douglas  24  n.  ;  and 
Emanuel  v.  Dane,  3  Camp.  299,  where  the  same 
doctrine  was  applied  to  an  exchange  with  the  war- 
ranty, as  to  a  sale,  and  the  vendee  held  not  to  be 
entitled  to  sue  in  trover  for  the  chattel,  by  way  of 
barter  for  another  received.  If  these  cases  are 
rightly  decided,  and  we  think  they  are,  and  they 
certainly  have  been  always  acted  upon,  it  is  clear 
that  the  purchaser  cannot,  by  his  own  act  alone,  un- 
less in  the  excepted  cases  above  mentioned,  revest 
the  property  in  the  seller,  and  recover  the  price 
when  paid,  on  the  ground  of  the  total  failure  of  con- 
sideration :  and  it  seems  to  follow,  that  he  cannot, 
by  the  same  means,  protect  himself  from  the  pay- 
ment of  the  price  on  the  same  ground.  On  the 
other  hand,  the  cases  have  established,  that  the 
breach  of  the  warranty  may  be  given  in  evidence  in 
mitigation  of  damages,  on  the  principle,  as  it  should 
seem,   of  avoiding   circuity   of   action — Cormack  v. 


364     THE  ADVENTURES  OP  A  GENTLEMAN 

Gillis,  cited  7  East,  480,  King  v.  Boston,  7  East, 
481  n.];  "and  there  is  no  hardship  in  such  a  defence 
being  allowed,  as  the  plaintiff  ought  to  be  prepared 
to  prove  a  compliance  with  his  warranty,  which  is 
part  of  the  consideration  for  the  specific  price  agreed 
by  the  defendant  to  be  paid. 

"  It  is  to  be  observed,  that  although  the  vendee  of 
a  specific  chattel,  delivered  with  a  warranty,  may  not 
have  a  right  to  return  it,  the  same  reason  does  not 
apply  to  cases  of  executory  contracts,  where  an  arti- 
cle, for  instance,  is  ordered  from  a  manufacturer  who 
contracts  that  it  shall  be  of  a  certain  quality,  or  fit 
for  a  certain  purpose,  and  the  article  sent  as  such  is 
never  completely  accepted  by  the  party  ordering  it. 
In  this,  and  similar  cases,  the  latter  may  return  it  as 
soon  as  he  discovers  the  defect,  provided  he  has  done 
nothing  more  in  the  mean  time,  than  was  necessary 
to  f!;ive  it  a  fair  trial — Okel  v.  Smith,  1  Stark.  N.  P. 
C.  107 :  nor  would  the  purchaser  of  a  commodity  to 
be  afterwards  delivered  according  to  sample,  be 
hound  to  receive  the  bulk  which  may  not  agree  with 
it ;  nor  after  having  received  what  was  tendered  and 
delivered,  as  being  in  accordance  with  the  sample, 
will  he  be  precluded,  by  the  simple  receipt,  from  re- 


IN   SEARCH  OF  A   HORSK.  365 

turning  the  article  within  a  reasonable  time  for  the 
purpose  of  examination  and  comparison.  The  obser- 
vations above  stated,  are  intended  to  apply  to  the 
purchaser  of  a  certain  specific  chattel,  accepted  and 
received  by  the  vendee,  and  the  property  in  which  is 
completely  and  entirely  vested  in  him. 

"  But  whatever  may  be  the  right  of  the  purchaser 
to  return  such  a  warranted  article  in  an  ordinary 
case,  there  is  no  authority  to  show  that  he  may  re- 
turn it  where  the  purchaser  has  done  more  than  was 
consistent  with  the  purpose  of  trial ;  where  he  has 
exercised  the  dominion  of  an  owner  over  it,  by  selling 
and  parting  with  the  property  to  another,  and  where 
he  has  derived  a  pecuniary  benefit  from  it.  These 
circumstances  concur  in  the  present  case ;  and  even 
supposing  it  might  have  been  competent  for  the  defend- 
ant to  have  returned  this  horse  after  having  accepted 
it,  and  taken  it  into  his  possession,  if  he  had  never 
parted  with  it  to  another,  it  appears  to  us  that  he 
cannot  do  so  after  a  re-sale  at  a  profit. 

"  These  are  acts  of  ownership  wholly  inconsistent 
with  the  purpose  of  trial,  and  which  are  conclusive 
against  the  defendant,  that  the  particular  chattel  was 
his  own :  and  it  may  be  added,  that  the  parties  can- 
not be  placed  in  the  same  situation  by  the  return  of 


3G6     THE  ADVENTURES  OP  A  GENTLEMAN 

it,  as  if  the  contract  had  not  been  made,  for  the  de- 
fendant has  derived  an  intermediate  benefit  in  conse- 
quence of  the  bargain,  which  he  would  still  retain ; 
but  he  is  entitled  to  reduce  the  damages,  as  he  has  a 
right  of  action  against  the  plaintiff  for  the  breach  of 
warranty.  The  damages  to  be  recovered  in  the  pre- 
sent action  have  not  been  properly  ascertained  by 
the  jury,  and  there  must  be  a  new  trial,  unless  the 
parties  can  agree  to  reduce  the  sum  for  which  the 
verdict  is  to  be  entered." 

I  have  quoted  this  case  at  great  length,  because, 
confirmed  as  it  is  by  the  opinion  of  Lord  Lyndhurst, 
already  quoted,  it  seems  to  establish  the  point  be- 
yond dispute,  that  the  purchaser  of  an  unsound  horse 
cannot  return  him,  and  treat  the  contract  as  void, 
unless  a  special  condition  has  been  inserted  in  the 
contract  that  he  should  be  entitled  to  return  it.  I 
may  quote,  however,  an  additional  authority,  which 
bears  upon  the  case,  where  such  a  stipulation  has 
been  made ;  it  is  the  case  of  Adam  v,  Richards,  2  H. 
B.  573,  where  it  is  held,  that  though  on  the  sale  of  a 
horse,  there  is  an  express  warranty  by  the  seller,  that 
the  horse  is  sound,  free  from  vice,  &c.,  yet  if  it  is  ac- 
companied with  an  undertaking  on  the  part  of  the 
seller  to  take  the  horse  again,  and  pay  back  the  pur- 


IN  SEARCH  OF  A   HORSE.  367 

chase  money,  if,  on  trial,  he  shall  be  found  to  have 
any  of  the  defects,  mentioned  in  the  warranty,  the 
buyer  must  return  the  horse  as  soon  as  ever  he  discovers 
any  of  the  defects,  in  order  to  maintain  an  action 
on  the  warranty,  unless  he  has  been  induced  to  pro- 
long the  trial  by  any  subsequent  misrepresentation  of 
the  seller ;  in  such  case,  the  term  "  trial"  means  a 
reasonable  trial. 

In  this  case,  six  months  had  elapsed,  although  vice 
had  been  speedily  detected.  The  authority  of  Fielder 
V.  Starkin,  was  fully  recognized  by  the  court. 

The  case  of  Fielder  v.  Starkin,  to  which  I  have 
just  referred,  and  to  which  Lord  Tenterden  alluded 
in  the  case  of  Street  v.  Blay,  is  to  be  found  in  H. 
Blackstone,  17 ;  and  as  it  is  a  leading  case,  and  in- 
volves another  question  of  an  important  practical 
character,  whether  it  is  necessary  to  give  the  seller 
notice  of  the  unsoundness,  I  shall  quote  it  at  length. 

It  was  held  that  "  where  a  horse  had  been  sold, 
warranted  sound,  which  it  can  be  clearly  proved  was 
unsound  at  the  time  of  sale,  the  seller  is  liable  to  an 
action  on  the  warranty  without  either  the  horse  being 
returned,  or  notice  given  of  the  unsoundness." 

The  plaintiff  had  bought  the  mare  in  question  of 


368     THE  ADVENTURES  OF  A  GENTLEMAN 

the  defendant,  at  Winnel  fair,  in  the  month  of  March 
for  thirty  guineas  ;  and  the  defendant  warranted  her 
sound,  and  free  from  vice  and  blemish.  Soon  after 
sale,  the  plaintiff  discovered  that  she  was  a  roarer, 
had  a  thorough  pin,  and  a  swelled  hock  from  kicking, 
but  he  kept  her  three  months  after  this  discovery, 
during  which  time  he  gave  her  physic,  and  used  other 
means  to  cure  her.  At  the  end  of  three  months  he 
sold  her;  but  she  was  soon  returned  to  him  as  un- 
sound. After  she  was  so  returned,  the  plaintiff  kept 
her  till  October,  and  then  sent  her  back  to  the  defen- 
dant as  unsound,  but  he  refused  to  receive  her.  On 
her  way  back  to  the  plaintiff,  she  died,  and  on  being 
opened,  it  was  the  opinion  of  the  farriers,  that  she 
had  been  unsound  for  a  full  twelvemonth  before  her 
death.  The  plaintiff  had  never  communicated  her 
unsoundness  to  the  defendant,  although  he  had  been 
in  frequent  intercourse  with  him. 

Lord  Loughborough  observed,  "  When  there  is  an 
express  warranty,  the  warrantor  undertakes  that  it  is 
true  at  the  time  of  making  it.  If  a  horse  which  is 
warranted  sound  at  the  time  of  sale,  be  proved  to 
have  been  at  that  time  unsound,  it  is  not  necessary 
that  he  should  be  returned  to  the  seller.     No  length 


IN   SEARCH  OF  A  HORSE.  369 

of  time  elapsed  after  the  sale,  will  alter  the  nature  of 
a  contract  originally  false.  Neither  is  notice  neces- 
sary to  be  given  ;  though  the  not  giving  notice  will 
be  a  strong  presumption  against  the  buyer,  that  the 
horse,  at  the  time  of  sale,  had  not  the  defect  com- 
plained of,  and  will  make  the  proof  on  his  part  much 
more  difficult.  The  bargain  is  complete,  and  if  it  be 
fraudulent  on  the  part  of  the  seller,  he  will  be  liable 
to  the  buyer  in  damages,  witJiout  either  a  return  or 
notice.'' 

Mr.  Justice  "Wilson,  in  delivering  the  same  opinion 
referred  to  a  case  tried  before  Mr.  Justice  Buller, 
at  Nisi  PriuSy  where  the  defendant  had  sold  the 
plaintiff  a  pair  of  coach  horses,  and  warranted  them 
to  be  six  years  old,  while  they  were  only  four  :  and  it 
was  contended,  that  the  plaintiff  ought  to  have  re- 
turned the  horses,  but  held  by  Buller,  that  the  ac- 
tion might  be  supported  without  a  return.  On  turn- 
ing to  this  case,  however,  which  is  mentioned  by 'Mr. 
Justice  Buller  himself,  in  Towers  v.  Barrett,  1  T.  R. 
136,  the  learned  judge  seems  to  have  expressed  him- 
self a  little  at  variance  with  the  doctrine  that  is 
founded  by  Mr.  Justice  Wilson  upon  this  decision.  He 
certainly  ruled  that  no  return  was  necessary,  but  he 
32 


370     THE  ADVENTURES  OF  A  GENTLEMAN 

also  observed,  that  if  the  plaintiff  would  rescind  the 
contract  entirely,  he  must  do  it  within  a  reasonable 
time ;  and,  that,  as  he  had  not  rescinded  the  contract, 
he  could  only  recover  damages ;  and  then  the  question 
was,  what  was  the  difference  of  value  between  horses 
of  four  and  five  years  old. 

The  following  case  of  Patteshall  v.  Tranter,  4 
Neville  and  Manning,  649,  is  a  very  important  case 
on  the  doctrine  of  reasonable  time  in  a  case  of 
unsoundness.  The  cause  was  tried  before  Mr.  Jus- 
tice Park,  at  Hereford,  1835,  and  it  appeared  that 
the  defendant  had  sold  the  horse  with  a  warranty  of 
soundness,  it  being  at  the  time  unsound.  Shortly 
after  the  sale,  the  plaintiff  discovered  that  the  horse 
was  unsound,  but  without  giving  notice  to  the  defend- 
ant, he  kept  it  for  nine  months,  during  which  he 
gave  it  physic,  and  used  other  means  to  cure  it ;  he 
had  also  cut  its  tail.  He  then  offered  to  return  the 
horse,  but  the  defendant  refused.  It  was  contended 
that  the  plaintiff  was  entitled  to  recover  the  difference 
between  the  value  and  the  price  given.  On  these 
facts  the  plaintiff  was  non-suited ;  and  on  moving  for 
a  new  trial,  the  old  case  of  Fielder  v.  Starkin  having 
been  quoted,  and  also  Adams  v.  Richards,  (both  of 


IN  SEARCH   OF  A  HORSE.  371 

which  have  been  already  mentioned,)  and  the  case 
of  Street  v.  Blay,  just  referred  to,  Lord  Denham 
observed  emphatically  that  the  case  of  Fielder  v. 
Starkin  was  not  overruled,  but  still  the  rule  was  made 
absolute.  Hence  it  appears  that  even  retaining  an 
unsound  horse  for  nine  months,  and  treating  him  as 
his  own  property,  does  not  exclude  the  purchaser 
from  his  right  to  recover  on  the  warranty.  The  case 
of  Campbell  v.  Fleming,  which  I  have  before  quoted, 
does  not  seem  by  the  report  to  have  been  alluded  to 
in  this  argument.  It  has  a  bearing,  however,  though 
only  collaterally,  on  the  question  in  Patteshall  v. 
Tranter,  and  will  deserve  attention  if  the  same  ques- 
tion should  recur ;  though,  for  the  reasons  already 
given,  I  am  not  disposed  to  place  much  reliance  on 
the  authority  of  Campbell  v.  Fleming.  It  may  be 
expedient  on  any  question  of  reasonable  time  to 
refer  to  the  case  of  Chesterman  v.  Lamb,  4  Nevile 
and  Manning,  195,  hereafter  quoted ;  but  the  direct 
authority  of  that  case  only  bears  on  the  question  of 
damages  to  be  recovered  in  an  action  on  the  war- 
ranty. 

It  will  not  fail  to  be  noticed,  that  the  case  of  Street 
V.  Blay,  goes  farther  than  the  cases  last  quoted,  as 


372     THE  ADVENTURES  OF  A  GENTLEMAN 

against  a  purchaser :  not  merely  relieving  him  from 
the  necessity  of  a  return,  but  actually  depriving  him 
of  the  supposed  right  to  return. 

It  seems,  however,  to  result  from  the  cases  which 
I  have  quoted,  that  even  where  an  express  stipula- 
tion is  made  in  the  contract,  that  the  purchaser 
should  be  at  liberty  to  return  the  horse,  the  return 
must  be  made  within  a  reasonable  time.  The  case  of 
Mesnard  v.  Aldridge,  3  Esp.  271,  which  w^as  a  case 
of  sale  by  auction,  goes  farther  than  this,  and  holds 
a  purchaser  rigorously  to  the  condition  of  a  return 
w^ithin  any  stipulated  time ;  the  time  here  stipulated 
was  two  days,  but  the  horse  was  not  returned  till  the 
third  day,  and  Lord  Kenyon  held  that  this  was  insuffi- 
cient. The  case,  however,  is  quoted  in  the  books,  to 
establish  another  point :  that  purchasers  are  bound 
to  take  notice  of  conditions  declared  by  an  auc- 
tioneer to  be  the  usual  conditions,  though  he  does 
not  specify  them,  if  they  are  posted  up  in  a  conspicu- 
ous place.  The  case  of  Cellis  v.  Mortimer,  1  New 
Reports,  257,  also  decides  that  where  an  express 
condition  is  made  as  to  the  time  of  return,  it  must  be 
literally  construed  as  regards  the  seller,  as  well  as 
the  buyer. 


IN  SEARCH  OF  A  HORSE.  373 

I  should  have  mentioned  before  the  case  of  Hop- 
kins V.  Appleby,  1  Starkie,  477,  as  a  case  in  point, 
as  to  a  reasonable  time  for  return,  where  express 
stipulation  is  made.  Lord  Ellenborough  there  ruled, 
that  "where  an  objection  is  made  to  an  article  of  sale, 
common  justice  and  honesty  require  that  it  should 
be  returned  at  the  earliest  period."  But  if  a  return 
cannot  be  insisted  on,  without  express  stipulation,  as 
appears  to  be  decided  in  Street  v.  Blay,  this  case  is, 
comparatively,  of  little  importance. 

I  have  referred  to  the  case  of  Buchanan  v.  Parn- 
shaw,  though  upon  a  dilBferent  point ;  it  was  held  in 
that  case,  that  if  a  horse  sold  at  a  public  auction  be 
warranted  sound,  and  six  years  old,  and  it  be  one  of 
the  conditions  of  sale,  that  he  should  be  deemed 
sound,  unless  returned  in  two  days,  this  condition 
applies  only  to  the  warranty  of  soundness. 

This  is  a  liberal  construction  of  the  rule,  that  the 
time  fixed  for  return  must  be  rigorously  adhered  to ; 
though  it  must  be  observed,  at  the  same  time,  that  it 
was  rather  considered  that  the  rule  did  not  include 
the  age,  than,  that  if  it  had  done  so,  it  could  be 
relaxed.  This  case  of  Buchanan  v.  Parnshavf,  was 
distinguished  from  the  case  of  a  notice  board  fixed 
32* 


374     THE  ADVENTURES  OF  A  GENTLEMAN 

up  in  the  yard  of  a  seller  by  commission  in  Best  v. 
Osborne,  2  Carrington  and  Payne,  74;  it  was  here 
held,  that  where  such  a  notice  is  fixed  up  in  a  private 
yard,  it  was  a  question  for  the  jury  to  consider 
whether  the  purchaser  bought,  subject  to  that  notice. 
This  last  mentioned  case  of  Best  v.  Osborne,  where 
it  first  came  before  the  court,  in  1  Carrington  and 
Payne,  632,  deserves  attention  upon  another  point 
not  connected  with  my  present  subject.  The  war- 
ranty had  been  fraudulently  recovered  back  from  the 
purchaser  by  Osborne's  son,  and  the  purchaser  was 
precluded  from  giving  evidence  of  its  terms  because 
he  was  unable  to  prove  the  son  to  have  acted  as  his 
father's  agent. 

A  recent  case  is  reported  in  1  Adolphus  and  Ellis? 
508,  in  which  the  obligation  of  the  purchaser  to  take 
notice  of  the  condition  of  return  posted  up  in  the 
place  of  sale  is  emphatically  decided.  It  is  the  case 
of  Bayswater  v.  Richardson.  The  plaintiff  bought 
a  horse,  warranted  sound,  by  private  contract  at  a 
repository.  At  the  time  of  sale  there  was  a  board 
fixed  to  the  wall  of  the  repository  having  certain 
rules  printed  upon  it :  one  of  which  was,  that  a  war- 
ranty of  soundness  there  given,  should  remain  in 


IN  SEARCH    OF  A  HORSE.  375 

force  till  twelve  on  the  day  after  the  sale,  when  the 
sale  should  become  complete,  and  the  seller's  respon- 
sibility terminate,  unless  a  notice  and  surgeon's 
certificate  of  unsoundness  were  given  in  the  mean 
time.  The  rules  were  not  particularly  referred  to  at 
the  time  of  this  sale  and  warranty.  The  horse 
proved  unsound,  but  no  complaint  was  made  till  after 
twelve  the  following  day.  The  unsoundness  was  of 
a  nature  likely  not  to  be  immediately  discovered. 
Some  evidence  was  given  to  show  that  the  defendant 
knew  of  it,  and  the  horse  was  shown  at  the  sale 
under  circumstances  favorable  for  concealing  it. 
After  a  verdict  for  the  plaintiff,  it  was  held  that 
there  was  sufficient  proof  of  the  plaintiff's  having 
had  notice  of  the  rules  at  the  time  of  the  sale,  to 
render  them  binding  on  him ;  also,  that  the  rule  in 
question  was  such  as  a  seller  might  reasonably  impose, 
and  that  the  facts  did  not  show  such  fraud  or  artifice 
in  him  as  would  render  the  condition  inoperative. 

The  unsoundness  consisted  of  inflammation  of  the 
navicular  joint,  which  of  course  would  be  less  per- 
ceptible on  the  soft  ground,  on  which  it  appeared 
that  the  horse  was  shown. 

While  I  am  on  the  subject  of  auctions,  I  may 


376     THE  ADVENTURES  OF  A  GENTLEMAN 

allude  to  the  importance  of  not  being  misled  by  any- 
casual  remarks  of  the  auctioneer,  or  verbal  assu- 
rances at  variance  with  the  printed  conditions  of 
sale.  The  case  of  Gunnis  v.  Erhart,  1  H.  Bl.  289, 
is  an  authority  on  this  point,  though  the  property 
sold  had  no  connection  with  horse-flesh — it  'vV'as  a 
copyhold  estate. 

The  principle  upon  which  auctions  must  be  con- 
ducted, has  very  little  to  do  with  the  subject  of 
horse  warranties ;  yet,  as  they  constitute  the  principal 
market  for  horses,  I  shall  refer  to  one  or  two  cases  upon 
the  right  of  the  seller  to  act  as  the  puffer  of  goods. 

In  Howard  v.  Castle,  6  T.  R.  642,  it  was  held, 
"that  if  the  owner  of  goods  or  an  estate  put  up  to  sale 
at  an  auction,  employs  puffers  to  bid  for  him  without 
declaring  it,  it  is  a  fraud  on  the  real  bidders,  and  the 
highest  bidder  cannot  be  compelled  to  complete  the 
contract." 

This  doctrine,  however,  is  again  questioned,  in  the 
case  of  Conolly  v.  Parsons,  3  Ves.  625,  where  a  dis- 
tinction seems  to  be  intended,  that  it  is  no  fraud, 
unless  there  happens  to  be  but  one  real  bidder. 

Both  these  cases  were  quoted  in  that  of  Crowdei 
V.  Austin,  2  Carr.  and  P.  208. 


IN  SEARCH   OF  A  HORSE.  877 

"  The  owner  of  a  horse  sold  by  auction,  has  no 
right  under  the  usual  condition  of  a  sale,  that  the 
highest  bidder  shall  be  the  purchaser,  to  employ  any 
person  to  bid  for  him  for  the  purpose  of  enhancing 
the  price :  and  if  he  do  so,  he  cannot  recover  the 
.purchase  money  from  the  buyer." 

Chief  Justice  Best  expressed  himself  clearly  of 
opinion,  that  the  action  could  not  be  maintained ;  he 
considered  it  a  gross  fraud,  and  nonsuited  the  plain- 
tiff. A  rule  nisi  was  afterwards  obtained,  to  set 
aside  the  nonsuit ;  when  the  case  of  Howard  v.  Cas- 
tle, 6  T.  R.  642,  was  quoted,  and  also  the  opinions 
of  Lord  Rosslyn,  in  Conolly  v.  Parsons,  3  Ves.,  Jr. 
625 ;  and  of  Lord  Alvanley,  in  Bramley  v.  Alt,  con- 
sidering Howard  v.  Castle  as  only  a  decision,  that 
where  all  the  bidders,  except  the  purchaser,  are  puff- 
ers, the  sale  shall  be  void.  On  moving  for  the  rule 
m82,  three  of  the  court  expressed  themselves  unfa- 
vorable to  it ;  still  it  was  granted,  but  afterwards  it 
was  discharged,  Mr.  Serjeant  Wilde  not  supporting 
it.  In  the  case  of  Malins  v.  Freeman,  reported  in 
the  Times  of  the  17th  April,  1839,  the  final  result  of 
which  I  have  been  unable  to  discover,  the  court  of 
Common  Pleas  granted  a  rule  nisi  for  a  new  trial,  at 


378     THE  ADVENTURES  OF  A  GENTLEMAN 

the  instance  of  Mr.  Serjeant  Wilde,  on  the  question 
whether  it  was  legal  for  puffers  to  attend  a  sale,  pro- 
vided the  bidders  have  notice  of  the  fact,  being  the 
position  for  which  the  learned  Serjeant  contended. 
It  has  also  been  held  in  Bexwell  v.  Christie,  Cow. 
395,  that  where  an  auctioneer  had  received  direc- 
tions not  to  let  a  horse  go  under  £15,  and  had  sold 
it  for  less,  on  which  an  action  was  brought  against 
him  by  the  owner  for  the  difference,  the  auctioneer 
would  not  have  been  justified  in  arranging  a  bidding 
under  X15,  as  it  would  have  been  a  fraud  on  the 
sale ;  and  consequently,  he  was  not  liable.  The 
seller  ought  to  have  made  it  a  condition  that  there 
should  be  no  bidding  under  £15, 

I  have  already  adverted  to  the  general  question  of 
agency,  but  I  have  not  alluded  to  a  case  of  consider- 
able importance  in  horse-dealing  transactions,  where 
grooms  and  ostlers  are  frequently  intrusted  to  sell ; 
it  is  in  the  case  of  Capel  v.  Thornton,  3  Carrington 
and  Payne,  352 ;  where  it  was  held,  that  "  an  agent 
authorized  to  sell  goods,  has  (in  the  absence  of  ad- 
vice to  the  contrary,)  an  implied  authority  to  receive 
the  proceeds  of  such  sale." 

I  may  also  advert  with  propriety  at  this  place  to 


IN  SEARCH   OF  A  HORSE.  379 

the  case  of  Briggs  v.  Crick,  5  Esp.  99 ;  where  it  was 
hekl,  that  "  it  is  not  necessary  to  release  the  former 
proprietor  of  a  horse,  who  had  sold  him  with  a  war- 
ranty of  soundness,  to  qualify  him  to  give  evidence 
that  such  horse  was  sound  at  the  time  he  sold  him." 
This  case,  however,  seems  to  be  over-ruled  by  that 
of  Biss  V.  Mountain,  1  Moody  and  Robinson,  302, 
where  it  was  held  that  "  the  vendor  of  a  horse  war- 
ranted sound  is  not  competent  to  prove  soundness  for 
his  vendee  in  an  action  brought  against  the  latter  on 
a  subsequent  sale  with  warranty."  Briggs  v.  Crick 
was  quoted  without  effect,  the  Judge  (Alderson) 
being  of  opinion  that  as  the  effect  of  the  verdict  for 
the  defendant  would  be  to  relieve  the  witness  from 
an  action  at  the  suit  of  the  latter,  he  was  incompe- 
tent. In  a  note  in  this  case,  other  cas^s  are  quoted 
tending  to  support  the  authority  of  Briggs  v.  Crick ; 
and  it  is  rightly  observed,  that  to  render  the  witness 
incompetent,  it  appears  necessary  to  show  not  only 
that  he  is  exposed  to  liability,  but  that  there  is  rea- 
son to  believe  that  his  liability  will  certainly  be  en- 
forced. A  merely  speculative  interest  appears  too 
remote  to  disqualify  a  witness ;  but  I  recommend  my 
readers  who  may  chance  to  find  the  decision  perso- 


380     THE  ADVENTURES  OF  A  GENTLEMAN 

nally  important  to  them,  to  refer  to  the  cases  of 
Baldwin  v.  Dixon,  1  Moody  and  Robinson,  59 ;  Lar- 
balistier  v.  Clarke,  1  B.  and  Adol.  899 ;  and  Morish 
V.  Foote,  8  Taunt.  455,  quoted  in  the  note  on  the 
report  of  Bliss  v.  Mountain. 

Since  it  has  been  established  by  the  cases  already 
quoted,  that,  in  the  absence  of  an  express  stipula- 
tion, a  purchaser  shall  not  be  at  liberty  to  return  if 
unsound,  but  shall  only  be  entitled  to  recover  dama- 
ges in  an  action  upon  the  warranty,  it  becomes  of 
double  importance  to  ascertain  the  extent  of  the 
damages  which  he  may  recover. 

In  the  case  of  Caswell  v.  Coare,  1  Taunton,  566, 
which  is  a  leading  case  upon  this  subject,  it  was  held, 
that  "  upon  the  breach  of  the  warranty  of  a  horse, 
if  the  horse  is  returned,  the  measure  of  damage  is 
the  price  paid  for  him ;  if  the  horse  is  not  returned, 
the  measure  of  damage  is  the  difference  between  his 
real  value  and  the  price  given.  If  the  horse  is  not 
tendered  to  the  defendant,  the  plaintiff  can  recover 
no  damages  for  the  price  of  his  keep." 

The  warranty  and  unsoundness  were  proved ;  but 
no  tender  had  been  made  of  returning  the  horse  to 
the  defendant.     After  the  trial,  the  horse  being  still 


IN  SEARCH  OF  A  HORSE.  381 

standing  at  livery,  the  plaintiff  gave  the  defendant's 
attorney  notice  that  he  might  go  and  take  the  horse, 
but  made  no  offer  to  pay  for  its  keep ;  the  liveryman 
refused  to  deliver  it,  till  its  keep  was  paid.  Mans- 
field, C.  J. :  "  The  contract  being  broken,  the  de- 
fendant must  give  back  the  money,  and  the  plaintiff 
must  return  the  horse ;  but  unless  the  plaintiff  has 
tendered  him,  he  cannot  recover  for  the  keep,  be- 
cause it  was  not  the  defendant's  fault  that  plaintiff 
kept  him.  When  the  warranty  was  broken,  the 
plaintiff  might  instantly  have  sold  the  horse  for  what 
he  could  get,  and  might  have  recovered  the  residue 
of  the  price  in  damages." 

In  Chesterman  v.  Lamb,  4  Nevile  and  Manning, 
195,  already  mentioned,  it  was  held  that  "  where  a 
horse  warranted  sound,  turns  out  to  be  unsound,  and 
is,  after  notice  to  the  seller,  re-sold  by  the  purchaser, 
the  latter  may  recover  not  only  the  difference  of 
price  between  the  first  and  second  sales,  but  also  the 
keep  of  the  horse  for  a  reasonable  time ;  but  the 
question  whether  the  horse  has  been  kept  an  unrea- 
sonable time  before  the  re-sale,  is  a  question  for  the 
jury ;  and  if  the  seller  rests  his  defence  on  the  sound- 
ness of  the  horse,  and  does  not  request  the  judge  to 
33 


382     THE  ADVENTUEES  OF  A  GENTLEMAN 

leave  the  question  of  time  to  the  jury,  the  court  will 
not,  upon  motion  for  a  new  trial,  look  into  the  evi- 
dence upon  this  point."  In  this  case,  the  sale  took 
place  on  the  26th  of  June.  On  the  9th  of  July  the 
lameness  was  discovered;  on  the  25th  of  July  the 
horse  was  sent  to  Osborne's  for  sale,  and  notice 
given  to  the  defendant,  with  directions  to  remove  it ; 
and  on  the  27th  of  July  the  action  was  commenced. 
On  the  6th  of  September  the  defendant  was  informed 
that  it  was  intended  to  sell  the  horse.  It  was  sold 
on  the  16th  of  September,  and  the  keep  of  the  horse 
amounted  to  £9.  16s.,  for  which,  and  the  difference 
in  price  and  costs  of  sale,  amounting  altogether  to 
,£28.  10s.,  the  action  was  brought. 

The  case  of  M'Kenzie  v.  Hancock,  hereafter 
quoted,  is  an  important  case  to  collate  with  Chester- 
man  V.  Lamb. 

And  in  2  Campbell,  82,  the  judge  remarks,  "I  re- 
member when  it  was  held,  that  an  action  could  not 
be  maintained  upon  the  warranty  without  an  offer  to 
return  the  horse.  That  doctrine  is  now  exploded, 
(Fielder  v.  Starkin,  1  H.  B.  17  ;  Curtis  v.  Hanney, 
3  Espin.  Cas.  82  ;)  but  still,  unless  the  defendant  re- 
fuses to  take  back  the  horse,  the  plaintiff  cannot  com- 


IN  SEARCH  OF  A   HORSE.  383 

plain  that  the  expense  of  the  keep  is  necessarily 
thrown  upon  him." 

It  will  not  fail  to  be  noticed,  that  in  this  case, 
the  doctrine  that  a  purchaser  cannot  return  the 
horse  without  express  stipulation,  as  decided  in  the 
case  of  Street  v.  Blay,  does  not  appear  to  have  been 
considered. 

Another  case  upon  the  question  of  damages,  is  to 
be  found  in  Ryan  and  Moody,  436. 

It  is  the  case  of  M'Kenzie  v.  Hancock.  "  In  as- 
sumpsit for  the  breach  of  warranty  of  soundness  of  a 
horse,  the  defendant  having  refused  to  take  back  the 
horse,  the  plaintiff  is  entitled  to  recover  for  the  keep 
for  such  time  ouIt/  as  w^ould  be  required  to  sell  the 
horse  to  the  best  advantage." 

The  time  must  be  a  reasonable  time ;  the  judge 
(Littledale)  alluded  to  the  general  prevalence  of  a 
contrary  doctrine  ;  and  as  the  defendant  might  thus 
have  his  horse  driven  to  a  compulsory  sale,  it  is  ques- 
tionable, whether  it  is  not  to  the  advantage  of  vendors, 
that  the  contrary  doctrine  should  have  been  still  al- 
lowed to  prevail.  An  action  for  breach  of  warranty 
will  lie,  though  the  horse  has  never  been  returned  or 
sold.      Vide  Fielder  v.  Starkin,    and   Patteshall  v. 


384     THE  ADVENTURES  OF  A  GENTLEMAN 

Tranter,  already  quoted,  and  Poulton  v.  Lattimore, 
9  B.  and  C.  264. 

I  have  already  quoted  the  case  of  Lewis  v.  Peat,  2 
Marsh.  431 ;  where  it  was  held,  that  the  plaintiff 
could  recover  in  damages,  the  costs  of  an  action 
brought  against  himself  upon  the  warranty  of  a  horse 
for  soundness ;  of  which  action  he  had  given  notice 
to  the  party,  from  whom  he  had  himself  purchased 
the  same  horse  upon  a  similar  warranty. 

I  have  thus  concluded  the  doctrine  of  horse  war- 
ranty ;  and  if  my  readers  will  bestow  a  tenth  part  of 
the  trouble  in  perusing  it,  that  I  have  in  preparing 
it,  the  probability  is,  that  they  will  be  ten  times  better 
paid  for  their  labor,  than  I  shall  be  for  mine  ;  but  I 
have  wished  to  make  my  book  complete,  as  a  book  of 
reference  upon  the  law  of  warranty  so  far  as  it  relates 
to  horses ;  and  I  have,  therefore,  at  the  risk  of  being 
prolix,  referred  to  every  case  that  I  can  find  upon 
the  subject,  with  the  exception  of  two  or  three,  which 
merely  relate  to  dry  points  of  pleading,  in  actions  of 
which  horses  are  accidently  the  subject. 

The  case  of  Miles  v.  Sheward,  8  East,  7,  is  one  of 
these,  but  it  is  expedient  to  mention  it,  because, 
though  it  is  only  quoted  as  an  authority  on  a  point 


IN  SEARCH  OF   A  HORSE.  385 

of  pleading,  it  involves  matter  of  popular  interest. 
The  warranty  was,  that  the  horse  was  worth  £80, 
that  it  was  sound,  was  a  young  horse,  and  had  never 
been  in  harness.  The  plaintiff,  however,  limited 
his  declaration  to  a  breach  of  that  part  of  the  war- 
ranty which  extended  to  his  value  and  age.  It  was 
objected  that  he  had  not  set  out  the  whole  warranty, 
but  Lord  Ellenborough  ruled  that  this  was  unneces- 
sary. Hence  it  follows  that  where  the  seller  gives  a 
warranty  extending  to  several  particulars,  he  is 
liable  for  a  breach  of  any  part  of  that  warranty, 
although  on  other  parts  he  may  have  fulfilled  his  en- 
gagement. If,  for  instance,  he  undertakes  that  the 
horse  is  sound  and  five  years  old,  he  is  liable  should 
the  age  be  incorrect,  although  the  horse  may  prove 
perfectly  sound. 

The  obligations  contingent  upon  hiring  horses,  and 
the  rights  of  innkeepers  and  liverymen,  are  so  nearly 
allied  to  the  subject  of  my  work,  that  I  shall  very 
briefly  notice  one  or  two  cases  upon  these  topics. 
In  Handford  v.  Palmer,  2  Brod.  and  Eing.  359,  it  is 
decided,  that  "  a  party  who  borrows  a  horse  is  bound 
to  keep  it,  unless  an  agreement  is  made  to  the  con- 
trary;" and  it  is  to  be  observed,  that  the  question 
33* 


386     THE  ADVENTURES  OF  A  GENTLEMAN 

in  this  case  was  not  at  whose  expense  the  horse  was 
to  be  fed,  but  whether  he  had  been  properly  fed  by 
the  borrower,  and  returned,  therefore,  in  as  good  a 
condition  as  he  was  when  the  loan  was  made.  I 
need  scarcely  mention,  that  this  was  a  case  of  hiring, 
and  not  of  borrowing. 

But  I  shall  hereafter  quote  one  or  two  cases  which 
will  show  that  even  a  borrower  must  be  equally  care- 
ful of  the  animal  lent  to  him.  Indeed  the  principle 
of  law  is,  that  a  borrower  is  answerable  for  neglect  of 
much  slighter  degree  than  is  requisite  to  fix  a  hirer, 
for  as  the  lender  derives  no  profit  from  the  transac- 
tion, it  is  reasonable  that  extra  care  should  be  taken 
of  his  property. 

In  Bray  v.  Mayne,  Gow  N.  P.  1,  it  is  decided  by 
C.  J.  Dallas,  "  that  after  a  hired  horse  is  exhausted, 
and  has  refused  its  feed,  the  hirer  is  bound  not  to  use 
it ;  and  if  he  afterwards  pursue  his  journey  with  it, 
he  is  liable  to  the  owner  for  its  value." 

But  the  hirer  is  not  only  bound  to  refrain  from 
using  an  exhausted  horse,  but  to  provide  for  him 
proper  care  and  attendance  if  taken  ill  during  the 
hiring ;  this  may  be  collected  from  the  following  case, 
though  it  turns  not  upon  the  question  of  neglect. 


IN  SEARCH  OF  A   HORSE.  387 

but  of  judicious  treatment.  The  decision  is  Lord 
Ellenborough's. 

"  If,  upon  a  hired  horse  being  taken  ill,  the  hirer 
calls  in  a  farrier,  he  is  not  answerable  for  any  mis- 
takes which  the  latter  may  make  in  the  treatment 
of  the  horse  :  but  if  instead  of  that,  he  prescribes 
for  the  horse  himself,  and  from  unskilfulness,  gives 
him  a  medicine  which  causes  his  death,  although 
acting  bond  fide,  he  is  liable  to  the  owner  of  the 
horse  as  for  gross  negligence."  Dean  v.  Keate,  3 
Camp.  4.  But  for  an  accident  without  proof  of 
negligence,  the  hirer  is  not  liable.  In  Cooper  v. 
Barton,  3  Camp.  5  n.,  the  horse  fell  and  broke  its 
knees.  The  owner  proved  that  the  horse  had  been 
frequently  let  out,  and  had  not  before  fallen.  "To 
maintain  an  action  for  negligence,  however,  against 
the  hirer  of  a  horse  for  an  injury  done  to  it  whilst  in 
his  possession,  the  owner  must  give  some  positive  evi- 
dence of  such  negligence."  The  action  was  tried  be- 
fore Mr.  Justice  Le  Blanc. 

Where,  however,  "  the  horses  are  hired  out  to 
draw  a  private  carriage,  but  are  driven  by  the  ser- 
vant of  the  person  who  lets  them,  he  shall  be  liable 
for  any  injury  done  by  them."     Samuel  v.  Wright, 


388     THE  ADVENTURES  OF  A  GENTLEMAN 

5  Esp.  263 ;  and  the  same  doctrine  is  held  in  Smith 
V.  Lawrence,  2  M.  &  R.  I. 

It  is  not  within  the  scope  of  my  work  to  enter 
upon  the  subject  of  post-horse  duties,  though  the  de- 
cisions on  points  connected  with  it,  cannot  but  be  in- 
teresting to  a  large  class  of  my  readers.  The  cases 
last  quoted  contain  every  other  matter  of  interest 
likely  to  occur  to  the  job-master  or  his  customers. 

The  right  of  inn-keepers  is  decided  in  Johnson  v. 
Hill,  3  Starkie,  172,  where  it  is  held,  that  ''  an  inn- 
keeper has  a  lien  upon  a  horse  left  with  him,  for  the 
keep,  unless  he  knows  that  the  horse  has  been  ille- 
gally obtained." 

The  exception  in  this  case  clearly  means,  that  the 
inn-keeper,  though  he  may  assert  a  lien  on  the  horse 
against  the  party  who  left  him  in  his  charge  and 
against  all  other  parties,  if  he  has  no  notice  of  a  bet- 
ter title  to  him,  cannot  detain  him  from  a  third  party 
who  has  a  better  title,  if  he  has  received  him  into  his 
stable  with  notice  of  that  fact.  But  I  infer,  though 
doubtfully,  that  the  inn-keeper,  to  deprive  himself  of 
his  lien,  must  not  only  have  such  notice,  but  have 
done  some  act  of  a  fraudulent  character,  accessory  to 
the  illegal  taking   of  the  horse;    for  otherwise,  he 


IN  SEARCH  OF  A  HORSE.  389 

might  have  maintained  him  bond  fide,  and  as  the 
horse  might  have  died  for  want  of  food,  if  he  had 
refused  to  receive  him,  it  seems,  on  principles  of 
common  sense,  that  he  is  entitled  to  detain  him  for 
his  keep. 

The  case  of  livery-stable  keepers  stands  on  very 
different  grounds.  The  inn-keeper  is  compellable 
by  law  to  take  in  strangers  and  their  cattle  for  rea- 
sonable compensation  ;  as,  therefore,  he  has  no  option 
to  refuse  the  accommodation,  it  is  equitable  that  he 
should  be  entitled  to  indemnify  himself;  but  this 
obligation  does  not  attach  to  livery-stable  keepers ; 
with  them  it  is  matter  of  choice  whether  they  will 
receive  a  stranger's  horse :  it  has,  therefore,  been 
held  that  a  special  contract  is  necessary,  but,  at  the 
same  time,  where  that  special  contract  has  been 
made,  it  is  strictly  enforced.  The  authority  on  this 
point,  is  the  case  of  Wallace  v.  Woodgate,  in  1  Car- 
rington  and  Payne,  575.  "A  stable  keeper,  by 
special  agreement,  may  acquire  a  lien  on  horses  for 
their  keep ;  and  if  the  owner,  to  defeat  such  lien, 
gets  them  away  by  fraud,  the  stable  keeper  has  a 
right  to  get  possession  of  them,  and  for  so  doing,  he 
will  not  be  answerable  in  trover ;  for  the  lien  is  not 


390     THE  ADVENTURES  OF  A  GENTLEMAN 

put  an  end  to  by  the  parting  with  the  possession 
under  such  circumstances." 

In  the  case  of  Pennefather  v.  Locke,  reported  in 
the  Times,  of  the  13th  May,  1839,  the  defendant, 
who  is  a  liveryman,  endeavored  to  set  up  a  lien  with- 
out any  special  agreement,  but  the  action  being 
compromised  before  the  jury  delivered  their  verdict, 
there  was  no  opinion  given  by  the  court,  even  at  JVisi 
Prius.  The  doctrine  was  very  fully  discussed  in 
Jackson  v.  Cummings,  argued  in  the  Court  of 
Exchequer,  and  of  which  at  present  I  can  find  no 
other  report  than  that  which  is  given  by  the  Times, 
of  the  29th  May,  1839.  The  question  in  this  case 
was  whether  a  lien  existed  for  the  agistment  of  milch 
cows.  I  will  quote  Baron  Parke's  observations  at 
length. 

"  I  have  no  doubt  in  saying  that  the  defendant  has 
no  claim  on  these  cows  for  a  lien  in  law ;  it  is  clear 
that  he  falls  within  the  principle  of  a  livery-stable 
keeper,  and  as  the  cows  must  necessarily  be  delivered 
up  to  the  owner,  and  perhaps  removed  by  him  for 
the  purpose  of  being  milked,  the  defendant  has  not 
that  entire  control  over  them  which  is  necessary  to 
establish  a  lien  for  their  agistment.     With  respect  to 


IN  SEARCH  OF  A  HORSE.  391 

the  case  of  the  trainer,  I  confess  that  I  should  hesi- 
tate now,  if  I  were  called  on  to  say  that  that  is  good 
law,  for  I  do  not  think  that  he  can  have  such  a  pos- 
session of  the  horses,  unless  under  special  contract 
with  their  owners,  as  would  support  the  lien;  for 
these  reasons  I  think  that  the  rule  ought  to  be  dis- 
charged." 

The  other  judges  concurred.  I  only  mention  the 
case  of  Tollitt  v,  Shenstone,  argued  before  the  Court 
of  Exchequer  on  the  24th  of  May,  1839,  to  correct 
an  error  which  I  have  found  very  prevalent  among 
the  trade,  that  in  this  case  the  defendant,  who  was  a 
livery-stable  keeper,  established  a  right  to  a  lien  for 
the  keep  of  the  plaintiff's  horse.  This  was  not  the 
point  in  discussion ;  the  question  was  entirely  one  of 
pleading,  not  of  lien. 

It  is  very  important,  however,  to  observe,  that 
there  is  also  another  essential  difference  between  the 
cases  of  an  inn-keeper,  and  a  livery-stable  keeper, 
which  affects  the  safety  of  those  who  intrust  their 
horses  to  their  care.  The  horses  in  the  stable  of  an 
inn-keeper,  placed  there  for  temporary  accommodation 
by  travellers,  are  not  liable  to  be  seized  under  a  dis- 
tress for  rent,  but   in  the    case  of   a  livery-stable 


392  THE  ADVENTURES  OF  A  GENTLEMAN 

keeper,  this  liability  attaches  to  them ;  and  hence  it 
is  most  material  for  the  owner  to  be  assured  of  the 
solvency  of  the  liveryman.  Vide  Francis  v,  Wyatt, 
3  Burr.  1498,  and  Eol.  Abr.  668  ;  but  vide  also  Cro- 
sier V.  Tomkinson,  2  Ld.  Ken.  439,  for  a  distinction 
in  the  case  of  a  stable,  underlet  by  the  tenant  to  an 
inn-keeper  during  races.  Though  my  work  is  not 
intended  for  the  exclusive  edification  of  inn-keepers,  I 
have  found,  since  I  published  my  first  edition,  that  I 
have  a  debt  of  gratitude  to  discharge  to  many  of 
them.  I  cannot  acquit  myself  of  it  better  than  by 
adding  one  or  two  cases  of  great  practical  importance 
to  them. 

The  general  responsibility  of  an  inn-keeper  is  well 
understood.  The  authority  for  it  is  the  case  of  Cross 
V.  Andrews,  Cro.  Eliz.  622 ;  but  it  is  not  as  well 
known  that  "  where  one  leaves  a  horse  at  an  inn  to 
stand  there  by  agreement  at  livery,  although  neither 
himself  nor  his  servants  lodge  there,  he  is  reputed  a 
guest  for  that  purpose,  and  the  inn-keeper  hath  a  valu- 
able consideration ;  and  if  that  horse  be  stolen,  he  is 
chargeable  with  an  action  upon  the  custom  of  the 
realm."  Jelly  v.  Clerk,  Cro.  Jac.  189.  The  same 
principle  applies  of  course  to  injury  from  carelessness 


IN   SEARCH  OF  A  HORSE.  393 

or  neglect,  as  well  as  to  theft.  A  similar  opinion  is 
held,  though  not  by  all  the  court,  in  the  case  of  York 
V.  Grinstone,  Salk.  388 ;  and  even  where  the  owner 
is  not  a  guest  at  the  inn,  but  only  sends  his  servant 
with  the  horse,  the  same  rule  holds  good.  Vide 
Beedle  v.  Morris,  Cro.  Jas.  224.  On  the  other  hand, 
I  have  already  noticed  the  innkeeper's  lien  for  the 
keep  of  the  horse  confided  to  his  care ;  but  even  this 
privilege  is  qualiified — he  cannot  use  the  horse  ;  vide 
Jones  V.  Pearl,  1  Str.  556 ;  and  on  the  authority  of 
the  same  case,  it  appears  that  he  cannot  sell  it, 
though  its  keep  may  exceed  its  value.  Such  use, 
however,  as  is  necessary  or  proper  in  the  way  of 
exercise,  is  permissible.  Vide  Jones  on  Carriers,  p. 
81. 

There  is  another  important  relation  between  the 
owner  and  keeper  of  a  horse  which  deserves  notice. 
Horses  are  usually  turned  out  to  graze  after  the 
hunting  season  is  over.  The  grazier  stands  in  a 
diiferent  situation  from  the  innkeeper  and  livery-man. 
If  the  animal  is  stolen  or  injured,  he  is  not  responsi- 
ble, unless  by  special  agreement,  except  for  the  want 
of  reasonable  care.  If  his  fences  are  good,  and 
ordinary  precautions  are  taken,  he  is  discharged 
34    . 


^94     THE  ADVENTURES  OP  A  GENTLEMAN 

from  liability.  Vide  Broadwater  v.  Blot,  Holt.  N. 
P.  C.  547. 

There  is  a  case  quoted  in  the  anonymous  work  to 
which  I  have  frequently  alluded,  to  which  the  read- 
er's attention  should  be  called.  It  is  the  case  of 
Coggs  V.  Bernard,  Lord  Raym.  915.  I  have  not  the 
report  by  me,  but  I  extract  Chief  Justice  Holt's 
words  from  the  Laws  relating  to  Horses,  p.  45.  "  If 
a  man  should  lend  another  a  horse  to  go  westward, 
or  for  a  month,  if  the  bailee  go  northward  or  keep 
the  horse  above  a  month ;  if  any  accident  happen  to 
the  horse  in  the  northern  journey,  or  after  the  expi- 
ration of  a  month,  the  bailee  will  be  chargeable : 
because  he  has  made  use  of  the  horse  contrary  to  the 
trust  he  was  lent  to  him  under ;  and  it  may  be, 
if  the  horse  had  been  used  no  otherwise  than  as 
he  was  lent,  that  accident  would  not  have  befallen 
him." 

Nothing  is  more  common  than  to  take  these  little 
liberties  with  a  borrowed  horse.  I  have  known  a 
horse  borrowed  from  a  farmer  for  a  morning's  ride, 
put  at  a  fence,  when  he  had  probably  never  faced 
timber  in  his  life,  and  sent  home  with  both  knees 
broken !  and  great  was  the  difficulty  I  had  in  adjust- 


IN  SEARCH  OF  A   HORSE.  395 

ing  the  matter  on  reasonable  terms  between  the 
indignant  farmer  and  my  hare-brained  friend.  This 
case  may  save  some  other  scape-grace  from  a  similar 
calamity. 

A  case  of  importance  to  job-masters  has  lately  been 
argued  in  the  Court  of  Exchequer,  but  as  judgment 
has  not  yet  been  given,  I  only  refer  to  it  as  one 
which,  under  similar  circumstances,  must  hereafter  be 
considered  as  an  authority.  It  is  the  case  of  Quar- 
man  v.  Barnett  and  another,  and  it  was  argued  on 
the  18th  Feb.  1840.  The  action  was  brought  against 
two  ladies  to  recover  compensation  for  injury  done  to 
the  plaintiff's  gig  by  a  collision  with  the  carriage  of 
the  ladies.  The  carriage  was  served  with  horses  by 
Mr.  Mortlock,  a  job-master,  and  the  horses  were 
driven  by  a  man  named  Kemp,  to  whom  he  paid 
weekly  wages.  Kemp  always  drove  the  ladies,  by 
whom  he  was  supplied  with  a  livery  coat  and  hat, 
and  also  paid  two  shillings  for  every  drive.  On  his 
return  home  one  day,  after  setting  down  the  ladies, 
Kemp,  who  happened  on  that  day  not  to  be  wearing 
the  livery,  but  only  the  hat,  quitted  the  horses  for  a 
few  minutes  to  change  the  hat  for  the  one  which  he 
usually   wore.      While    he    was    thus    engaged,    the 


396     THE  ADVENTURES  OF  A  GENTLEMAN 

horses  ran  away  and  the  collision  occurred.  The 
question  was,  whether,  under  these  circumstances, 
the  defendants  not  then  having  Kemp,  or  the  horses, 
under  their  control,  he  was  to  be  considered  their 
servant  or  Mr.  Mortlock's.  The  court  took  time  to 
consider. 

I  have  omitted  at  the  proper  place  to  notice  a  very 
important  precaution.  In  taking  a  warranty,  strict 
attention  should  be  paid  to  the  meaning  of  any  tech- 
nical expression  that  may  be  introduced ;  as,  for  in- 
,  stance,  a  warranty  that  a  horse  is  "  a  good  hunter," 
would  be  only  construed  to  mean,  that  he  takes  his 
leaps  well.  The  warranty  should  be  extended  "  to  a 
good  hunter,  and  fast,"  if  speed  is  also  required. 
This  instance  will  suffice  to  illustrate  my  meaning. 

It  is  impossible  to  be  too  careful  to  use  words  of 
familiar  purport,  and  yet  specific  and  precise,  in  pre- 
paring any  instrument  to  operate  as  an  agreement ; 
but  this  is  more  especially  the  case  in  horse  warran- 
ties, for  I  have  found  in  talking  over  the  matter  with 
sporting  friends,  that  even  the  most  knowing  ones  are 
not  agreed  as  to  the  exact  meaning  of  the  most  com- 
mon phrases  used  in  the  field  or  on  the  turf.  The 
New  Sporting  Magazine  itself  is  not  always   a  safe 


IN   SEARCH  OF  A  HORSE.  397 

authority  !  At  a  late  dinner  party,  of  sporting  men, 
I  was  challenged  to  make  good  this  assertion.  I  se- 
lected three  of  the  most  ordinary  terms  in  common 
use  in  the  field;  a  "  bullfinch,"  a  "rasper,"  and  a 
"  yawner :"  and  though  there  was  not  one  of  the 
party,  except  myself,  that  does  not  hunt  regularly, 
there  were  scarcely  two  who  agreed  in  the  same  ex- 
planation of  these  words ;  or  even  on  their  applica- 
bility, excepting  the  last,  to  jumps  with  which  we 
were  all  locally  familiar !  So  much  for  sporting 
authorities  ! 


34' 


CHAPTER    XYII. 


-  It  may  be  doubted  whether  the  difficulty  of  buying 
or  selling  a  horse  is  greater ;  but  there  is  this  essen- 
tial difference,  that  in  the  latter  case,  the  difficulty  is 
of  a  man's  own  creation.  If  he  informs  himself  fair- 
ly of  its  value,  and  asks  a  trifle  less,  there  are  few  of 
the  large  commission  stables,  at  which,  if  the  propri- 
etor of  them  is  a  respectable  man,  he  will  not  find  a 
speedy  market ;  if  he  insist  on  selling  without  a  loss, 
the  expense  of  the  keep  will  more  than  balance  the 
chance  of  meeting  with  a  liberal  purchaser. 

The  ethics  of  horse-dealing  are  very  peculiar ; 
there  is  only  one  other  case  in  which  gentlemen  ap- 
pear, by  a  sort  of  conventional  understanding,  to  be 
excused  for  leaving  their  honesty  behind  them.  I 
have  found  to  my  cost,  that  no  man  thinks  the  worse 
of  a  friend,  for  stealing  an  umbrella  on  a  rainy  day, 
or  palming  off  an  unsound  horse  upon  a  neighbor. 


THE  ADVENTURES  OF  A  GENTLEMAN,  ETC.   399 


This  is  now  so  perfectly  understood,  that  I  must  as- 
sume that  my  reader,  whatever  may  be  his  class,  will 
cheat  if  he  can  ;  but  it  is  my  duty  to  inform  him  that 
he  cannot  go  very  far  with  impunity,  and  if  he  ac- 
cepts the  definition  that  I  have  given  of  unsoundness, 
namely,  any  infirmity  or  defect  that  incapacitates  a 
horse  for  fair  and  reasonable  exertion  in  the  labour 
for  which  he  is  avowedly  purchased,  he  will  readily 
perceive  that  his  power  of  cheating  is  circumscribed 
by  very  narrow  limits.  In  fact  the  gentleman-dealer 
is  in  a  far  worse  situation  to  practise  successful  fraud, 
than  the  professed  chanter.  Men  who  can  afford  to 
keep  horses  for  their  pleasure,  can  also  afford  to  pay 
costs  !  they  are  therefore  worth  the  trouble  of  suing. 
Moreover,  I  must  do  my  "  order"  (as  Lord  Grey  has 
it)  the  justice  to  say,  that  though  little  averse  to  the 
amusement  of  jockeying  a  friend,  when  they  can 
couple  profit  with  a  laugh  at  his  expense,  there 
are  but  few  among  them,  so  far  gone  as  to  brave  the 
opinion  of  the  public,  even  in  a  horse-cause ;  or  to 
attempt  to  carry  the  day  by  suborning  a  legion  of 
perjured  ostlers  and  stableboys. 

"  How  then  am  I  to  sell  my  horse  ?"     Very  para- 
doxical it  may  be  ;   but  I  reply,    "  by  simply  telling 


400  THE  ADVENT  GRES  OF  A  GENTLEMAN 

the  truth!"  I  have  sold  my  horses  with  more  facility 
and  to  more  advantage  by  following  this  principle 
than  by  the  most  plausible  encomium  on  their  merits  ; 
and  what  is  of  yet  greater  importance,  I  have  never, 
in  any  instance,  experienced  the  annoyance  of  de- 
fending an  action  on  the  warranty.  Let  the  fault  of 
a  horse  be  what  it  may,  he  will  suit  some  kind  of 
work,  and  will  therefore  find  a  purchaser  at  his  fair 
value.  A  frank  acknowledgment  of  faults,  too,  will 
obtain  credit  for  a  counter  statement  of  good  quali- 
ties. If  the  seller  is  very  impatient,  the  purchaser 
must  be  looked  for  among  the  dealers  ;  and  in  this 
case  it  will  not  reduce  the  price  to  any  extent  worth 
mentioning,  if  the  seller  refuses  to  warrant.  A  deal- 
er always  asks  a  w^arranty,  because  he  can  resell  the 
horse  with  more  security  ;  but  it  influences  him  very 
little  in  fixing  his  price.  He  knows  that  the  horse 
would  not  be  sold  except  for  some  fault,  real  or  sus- 
pected, and  he  usually  takes  his  chance  of  the  fault, 
and  places  as  little  faith  in  the  seller's  warranty  as 
he  is  conscious  that  his  own  deserves.  Cases  too 
have  been  known  where  a  dealer,  finding  his  purchase 
not  suited  to  the  taste  of  an  expected  customer,  has 
purposely  physicked  the  horse,  that  he  might  return 
him  as  unsound,  on  the  warranty. 


IN  SEARCH  OF  A  HORSE.  401 

If  strict  veracity  is  always  politic,  there  are  some 
cases  in  which  it  is  indispensable.  I  am  of  opinion 
that  a  man  cannot  sell  a  horse  that  he  hnoivs  to  be 
vicious,  especially  vicious  in  the  stable,  without  incur- 
ring a  personal  responsibility  for  all  consequences. 
If  such  a  horse  should  occasion  the  loss  of  life,  the 
vendor  who  concealed  the  vice  would  be  morally,  and 
perhaps  legally  guilty  of  manslaughter ;  if  he  should 
only  endanger  a  limb,  or  otherwise  injure  a  person, 
or  even  a  carriage,  a  seller  with  a  warranty,  who 
suppressed  the  animals  tricks,  would  be  responsible  in 
damages  to  the  injured  party.  It  is  worth  a  gentle- 
man's while  to  take  these  points  into  consideration, 
especially  when  selling  a  horse  for  a  lady  or  a  child 
to  ride. 

"While  correcting  the  sheets  of  my  second  edition, 
an  accident  occurred  to  me  with  a  pony  which  I 
bought  at  Osborne's :  I  bought  him  for  harness  ;  the 
name  of  his  late  owner  is  Goddard.  I  drove  him  three 
or  four  times,  and  had  no  fault  to  find  with  him,  except 
that  his  mouth  was  as  harcf  as  a  board  ;  but  after  a 
few  days  the  vicious  brute  took  it  into  his  head 
without  any  cause  of  alarm,  to  bolt,  while  I  was 
driving  a  lady  and  child  in  my  phaeton.     I  hadj  but 


402     THE  ADVENTURES  OF  A  GENTLEMAN 

one  alternative  to  save  our  lives,  and  desperate  as  it 
appears  to  be,  I  recommend  it  to  others  similarly 
circumstanced.  Though  I  could  not  stop  him,  I  was 
able  to  guide  him,  and  I  directed  his  course  directly  on 
the  iron  railings  of  Cavendish  Square.  He  fractured 
his  head,  and  I  escaped  without  serious  injury.  My 
fair  companion  was  less  fortunate,  having  been  thrown 
on  the  dashing  iron  ;  she  was  not  materially  hurt,  as 
she  must  have  been  but  for  her  presence  of  mind  in 
retaining  her  seat.  I  mention  this  as  a  caution  to 
other  females,  for  nine  out  of  ten  in  similar  cases 
spring  out  of  the  carriage.  If  the  lady  who  sold  this 
horse  to  me  was  aware  of  this  vice,  it  was  unpardon- 
able to  conceal  it ;  had  fatal  consequences  followed 
to  my  friend,  Mrs.  Goddard's  feelings  would,  if  possi- 
ble, have  been  yet  more  painful  than  my  own.  Mr. 
Osborne  was  wholly  free  from  blame,  for  he  honestly 
told  me  that  he  knew  nothing  of  the  horse,  and  be- 
fore I  bought  him,  he  drove  him  in  my  company, 
when  he  went  very  quietly. 

It  is  customary  to  feed  a  horse  for  sale ;  this  is  of 
itself  a  species  of  fraud,  and  one  scarcely  worth  the 
trouble  and  expense  it  involves.  A  horse  is  rarely 
brought  into  good  condition  in  less  than  three  weeks, 


IN  SEARCH  OF  A  HORSE.  403 

during  wliich  he  must  enjoy  absolute,  and  therefore 
unprofitable  rest.  That  sleek  and  fat  condition 
which  recommends  a  horse  to  an  inexperienced  buy- 
er, does  not  qualify  the  animal  for  work,  and  is  at 
once  detected  by  a  dealer.  It  may  obtain  a  guinea 
or  two  more,  because  the  dealer  finds  the  horse  more 
marketable,  but  it  will  scarcely  obtain  such  an  addi- 
tion to  the  price  as  will  countervail  the  previous  ex- 
pense :  a  knowing  hand  prefers  buying  a  horse  in  his 
rough  state,  or  in  daily  work. 

If  the  seller  sends  his  horse  to  Tattersall's,  it  is 
desirable  to  bespeak  a  separate  box  for  him  (assum- 
ing him  to  be  of  value,)  or  to  send  him  so  early  as  to 
insure  his  being  placed  in  the  eight-stall  stable. 
The  sale  begins  at  twelve,  and  the  earlier  horses  in 
the  catalogue  are  of  course  sold  first ;  but  the  yard  is 
not  filled,  at  least  not  with  fashionable  customers, 
till  a  much  later  hour,  and  of  course  it  is  an  object 
so  to  place  him  in  the  list  as  to  insure  his  being 
brought  out  at  the  most  favorable  period.  This  pre- 
caution is  scarcely  necessary  at  any  other  place  of 
public  sale.  I  have  found  by  experience,  since  my 
first  edition  was  published,  that  some  ingenuity  is 
requisite  to  get  a  horse  received  at  all  by  Messrs. 


404  THEADVENTURES  OF  A  GENTLEMAN 

Tattersall.  I  have  sent  horses  there  four  times  in  a 
season,  but  I  have  been  unable  to  obtain  a  stall  for 
them  under  a  fortnight's  notice.  This  argues  much 
for  their  celebrity,  but  very  little  for  convenient  ac- 
commodation. Mr.  Tattersall's  days  of  sale  are 
Mondays,  and  in  the  height  of  the  season,  sales  are 
occasionally  held  on  Thursdays  also ;  at  Morris's, 
now  Allen's,  Wednesday.  It  will  be  convenient  to 
my  readers  to  subjoin  the  conditions  of  sale  adopted 
at  these  and  other  similar  establishments.  They 
will  be  found  in  the  Appendix.  The  seller,  however, 
will  bear  in  mind  that,  whatever  may  be  the  practice 
of  the  place,  a  purchaser  (unless  at  auction)  will  not 
be  bound  by  these  special  conditions,  unless  they  are 
introduced,  or  specially  referred  to  in  the  warranty, 
or  note  of  sale ;  but  see  the  case  of  Bywater  v.  Rich- 
ardson, 1  Adolphus  and  Ellis,  508,  already  quoted. 

If  his  receipt  merely  contains  the  words,  "war- 
ranted sound,"  the  purchaser  is  entitled  at  any  time 
to  proceed  on  the  warranty,  for  disease  or  incapaci- 
tating defects  existing  at  the  time  of  sale.  A  seller, 
therefore,  who  wishes  to  avail  himself  of  the  protec- 
tion thus  afforded,  must  be  careful  to  add  to  his 
receipt  the  words,  "  to  be  returned,  if  unsound,  with- 


IN   SEARCH  OF  A    HORSE.  405 

in  six  days,  according  to  the  custom  of  the  bazaar," 
or  other  words  of  similar  import. 

I  have  but  one  m'ore  hint  to  give  to  a  gentleman 
sending  his  horses  to  commission  stables  for  sale  by 
private  contract.  He  is  always,  of  course,  asked 
what  price  he  expects,  and  as  soon  as  he  has  named 
it,  he  receives  the  same  answer. 

"  How  much  do  you  set  upon  him,  Sir  ?" 

"Fifty  guineas." 

''  Then  you  won't  get  it." 

If  you  have  not  informed  yourself  correctly  of  his 
value,  the  chances  are  two  to  one  that  you  do  not  get 
it.  Many  of  these  men,  perhaps  the  majority  of 
them,  are  dealers  behind  the  curtain.  I  have  de- 
tected one  or  two  in  selling  my  horse  for  thirty 
guineas  for  me,  and  selling  it  again  next  day  for 
fifty  for  themselves.  Probably  the  agent  knows  of  a 
customer  whom  the  horse  will  suit,  and  who  will  give 
a  liberal  price  for  him :  that  his  employer  may  not 
have  the  benefit  of  such  a  customer,  he  will  take 
good  care  never  to  show  the  horse,  till  he  has  tired 
the  owner  into  selling  him  on  lower  terms.  He  then 
buys  him  a  bargain,  and  privately  sells  him  to  the 
customer  at  a  cent,  per  cent,  profit.  This  is  called 
35 


406     THE  ADVENTURES  OF  A  GENTLEMAN 

"planting"  tlie  horse.  All  this  is  illegal;  for  the 
agent  is  trustee  for  the  seller,  and  a  trustee  cannot 
purchase  the  property  entrusted  to  his  care.  But  it 
is  impossible  to  guard  oneself  effectually  against  the 
fraud,  except  by  booking  the  animal  at  a  price  which 
you  know  approaches  within  five  or  ten  pounds  of  his 
real  worth.  If  he  remains  unsold  for  a  week,  remove 
him  elsewhere.  In  the  spring  or  summer,  a  week 
is  ample  time  to  find  a  customer,  if  a  fancy  price  is 
not  demanded ;  and  you  may  safely  infer  from  longer 
delay,  either  that  the  agent  wishes  to  tire  you  into 
selling  at  Ids  price,  and  has,  perhaps,  stigmatized  the 
horse,  to  keep  off  other  customers,  or  else  that  his 
customers  are  not  sufiiciently  numerous  to  make  a 
market.  It  is  useless  expense  to  send  a  vicious 
horse,  or  one  decidedly  unsound,  to  any  place  for 
private  sale :  the  dealers  have  the  run  of  all  the 
commission  stables,  and  know  the  character  of  every 
horse  that  stands  there :  if  his  owner  is  not  "  one  of 
the  trade,"  his  sins  will  be  published  at  Charing 
Cross  within  a  week.  A  horse  of  this  description 
will  only  find  a  sale  at  the  hammer ;  and  even  there 
he  is  sure  to  produce  more  than  he  is  worth.  I 
never  sold  but  one  unsound  horse  at  commission  sta- 


IN   SEARCH  OF  A   HORSE.  407 

Lies,  and  I  only  got  rid  of  him  by  folio-wing  the 
course  that  I  have  suggested — honestly  mentioning 
his  fault.  A  gentleman  bought  him  "for  the  novel- 
ty of  the  thing;"  it  seemed  so  strange  to  tell  the 
truth  in  horse-dealing  !  I  was  happy  to  hear,  two 
months  afterwards,  that  he  continued  well  pleased 
with  his  bargain.* 

Gentle  reader,  I  have  finished  my  task,  or  rather, 
my  amusement :  if  my  information  proves  as  useful 
to  you,  as  it  has  been  to  myself,  you  will  read  my 
little  book  a  second  time,  and  grudge  neither  the 
time  nor  the  price.  I  have  had  above  a  hundred 
horses  in  my  stables  during  the  last  two-and-twenty 

^  While  engaged  in  correcting  this  sheet,  my  publishers  re- 
ceived the  following  note,  in  reference  to  the  case  of  Patteshall  v. 
Tranter,  quoted  at  page  32Y.  It  is  too  late  to  refer  to  it  at  the 
proper  place,  I  therefore  introduce  it  here,  with  many  thanks  to 
my  anonymous  critic. 

"'Patteshall  v.  Tranter.'  This  cause  was  tried,  a  second  time, 
at  the  spring  assize,  1837,  at  Hertford,  before  Lord  Denman  and 
a  special  jury.  The  plaintiff  lost  it,  failing  to  prove  the  warranty 
of  the  horse,  and  not  on  any  of  the  points  on  which  Mr.  Justice 
Park  directed  the  nonsuit  on  the  former  trial.  X.  B.  The  first 
trial  took  place  in  the  spring  of  1834,  instead  of  1835,  as  men- 
tioned in  '  Caveat  Emptor.' " 


408   THE  ADVENTURES  OF  A  GENTLEMAN,  ETC. 

years,  and  have  not  averaged  a  loss  of  three  pounds 
on  each  !  It  is  not  less  instructive  to  add,  that  from 
a  horse's  fault,  I  have  never  broken  a  limb,  or 
strained  a  muscle ;  yet  my  saddle  has  been  more 
familiar  to  me  than  my  sofa.  I  heartily  wish  you 
th  same  good  fortune,  and  with  the  wish  I  take 
my  leave. 


APPENDIX 


The  following  are  the  conditions  of  sale  at 
Messrs.  Tattersall's  and  other  repositories.  [I  had 
to  apologize  to  those  gentlemen  in  my  first  edition, 
for  erroneously  spelling  their  name  throughout  the 
work  :  the  error  was  not  discovered  till  the  sheets 
were  worked  off. — This  explanation  has  become  in- 
cidentally of  some  importance  ;  for  one  of  your 
critics,  proverbially  a  good-natured  race,  has  quoted 
the  error,  but  not  the  explanation  ;  and  quoted  it  as 
conclusive  evidence  of  my  ignorance  of  horse-flesh 
and  all  matters  relating  thereto !  The  fact  is  simply, 
that  I  employed  another  hand  to  copy  my  manu- 
script for  the  press,  and  entrusted  him  with  the 
correction  of  it.  I  did  not  discover  the  mistake  till 
the  sheets  were  worked  off,  and  the  type  broken  up ; 
I  had  then  no  alternative,  but  to  correct  it  in  the 
Appendix.  The  error,  such  as  it  is,  was  not  found 
in  the  concluding  sheets.] 

35* 


410  APPENDIX. 

These  conditions  apply  to  sales  by  private  con- 
tract as  well  as  by  auction. 

1.  The  highest  bidder  to  be  the  buyer ;  and  if  any  dispute  arise 
between  any  two  or  more  bidders,  the  lot  so  disputed  shall  be 
immediately  put  up  again  and  re-sold. 

2.  No  person  to  advance  less  than  five  shillings  ;  above  five 
pounds,  five  shillings,  and  so  on  in  proportion. 

3.  The  purchasers  to  give  in  their  names  and  places  of  abode 
(if  required)  and  to  pay  down  five  shillings  in  the  pound  (if  re- 
quired) as  earnest,  and  in  part  of  payment ;  in  default  of  which, 
the  lot  so  purchased  may  be  immediatelj'  put  up  again  and  re- 
sold, if  the  auctioneer  shall  think  fit. 

4.  The  lots  to  be  taken  away  within  one  day  after  the  sale  is 
ended,  at  the  buyer's  expense,  and  the  remainder  of  the  purchase- 
money  to  be  absolutely  paid  before  the  delivery  of  the  lot. 

5.  Upon  failure  of  complying  with  the  above  conditions,  the 
money  deposited  in  part  of  payment  shall  be  forfeited  to  the 
owner  of  the  lot,  he  paying  thereout  all  just  expenses,  and  the  lot 
shall  be  re-sold  by  public  or  private  sale,  and  the  deficiency  (if 
any)  attending  such  re-sale,  shall  be  immediately  made  good  by 
the  defaulter  at  this  sale. 

6.  If  any  person  shall  purchase  a  lot,  and  not  pay  for  it  within 
the  time  limited  by  the  4th  condition,  nothing  contained  in  the 
5th  condition  shall  prevent  the  auctioneer,  or  owner  of  the  lot, 
from  compelling  the  purchaser  to  pay  for  it,  if  the  auctioneer  or 
seller  shall  so  think  fit. 

7.  The  vendor  shall  be  entitled  to  receive  the  purchase-money 
of  each  lot  not  warranted  sound,  on  the  third  day  from  the  sale 
day ;  and  all  horses  sold  as  sound  on  Monday,  will  be  paid  for  on 
Friday ;  and  all  horses  sold  as  sound  on  Thursday,  will  be  paid 
for  on  Tuesday,  provided  the  auctioneer  shall  then  have  received 
the  purchase-money,  or  delivered  the  lot  out  of  his  custody,  but 
not  before. 


APPENDIX.  411 

8.  The  purchaser  of  any  lot  warranted  sound,  who  shall  con- 
ceive the  same  unsound,  shall  return  the  same,  on  or  before  the 
evening  of  the  second  day  from  the  sale,  otherwise  the  same  shall 
be  deemed  sound,  and  the  purchaser  shall  be  obliged  to  keep  the 
lot  with  all  faults 

9.  The  King's  tax  shall  be  paid  by  the  seller,  and  not  by  the 
purchaser. 

10.  All  horses,  carriages,  &c.,  brought  to  this  repository  for 
sale,  and  sold  by  private  contract^  either  by  Messrs.  Tattersall, 
the  owner,  or  any  one  acting  as  agent  for  the  owner  of  such 
horses,  carriages,  &c.,  shall  pay  the  usual  commission ;  and  no 
person  shall  have  a  right  to  take  away  his  horses,  carriages,  &c., 
until  the  commission,  keep,  and  other  expenses  are  paid,  whether 
the  same  have  been  sold  by  public  auction,  or  private  contract,  or 
are  not  sold. 

11.  All  horses,  carriages,  &c.,  advertised  by  Messrs.  Tatter- 
sall (though  not  upon  the  premises  at  the  time  of  sale,  either  by 
private  contract  or  public  auction)  shall  pay  the  usual  commis- 
sion.    Lastly.     The  conditions  of  sale  are  : — 

If  sold  by  public  auction,  two  shillings  in  the  pound. 
If  by  private  contract,  one  shilling  in  the  pound ;  and 
If  not  sold,  five  shillings  for  putting  up. 
The  days  for  payment  are,  for  unwarranted  horses,  Wednes- 
days ;  for  Avarranted  horses,  Fridays,  only,  between  the  hours  of 
10  and  4  o'clock. 

N.  B.  No  money  paid  without  a  written  order. 

Regulations  at  Mr.  Osborne's  stables,  in  King's 
Road,  Gray's  Inn.* 


*  I  have  recently  been  informed  by  Jlr.  Bankes,  now  a  partner  Tvith  Messrs. 
Osborne  and  Son,  that  for  a  considerable  time  past  they  have  declined  war- 
ranting any  horses  sent  to  them  for  sale,  but  that  they  have  not  found  the 
system  at  all  prejudicial  to  their  trade. 


412  APPENDIX. 

1.  All  horses  that  fire  sold  and  warranted,  must,  if  proved  other- 
wise, be  returned  within  six  days  from  the  time  of  sale. 

2.  The  owners  of  horses  sold  may  receive  the  money  on  the 
seventh  day  from  the  time  of  sale. 

3.  All  horses  must  be  paid  for  before  they  are  delivered,  and 
for  those  which  are  not  sold,  the  expenses  must  be  paid  before 
taken  away. 

I  take  this  opportunity  of  observing  that  Mr. 
Osborne  of  the  King's  Road,  is  not  the  defendant 
in  the  cause  of  Best  v.  Osborne  quoted  in  the  pre- 
vious pages.  I  am  anxious  to  expLain  this,  because 
I  should  be  very  sorry  to  impute  to  him  the  conduct 
attributed  to  the  son  of  the  defendant  in  that  cause. 
Both  the  Osbornes,  father  and  son,  have  always 
acted  in  an  honorable  way  in  all  transactions  in 
which  I  have  been  personally  engaged  with  them, 
and  I  believe  them  to  be  as  respectable  and  plain- 
dealing  men  as  any  in  the  trade  ;  though  I  must 
add,  that  if  they  possessed  a  little  more  scientific 
knowledge  they  would  listen  with  more  attention  to 
the  objections  of  their  customers.  It  is  a  fault, 
however,  on  the  right  side,  as  respects  such  of  their 
customers  as  are  sellers  ;  and  for  my  ow^n  part,  I  sell 
there  more  frequently  than  I  buy.  They  are  very 
liberal  in  the  trial  of  their  horses,  an  important  point 
with  all  buyers,  and  not  less  so  with  all  honest  sellers. 


APPENDIX.  413 

Conditions  attending  the  sales  of  Mr.  Dixon  of 
Barbican,  by  auction  or  private  contract.  The  sales 
are  on  Friday. 

1.  The  highest  bidder  to  be  the  buyer;  if  any  dispute  arises, 
the  lot  to  be  put  up  agaiu  and  re-sold. 

2.  To  advance  five  shillings  at  each  bidding  above  five  pounds ; 
ten  shillings  above  ten  pounds ;  and  so  on  in  proportion. 

3.  All  horses,  sold  either  by  public  auction  or  private  contract, 
tvarranted  in  any  respect,  and  not  answering  such  warranty,  to  be 
returned  by  six  o'clock  the  next  evening,  or  in  default  thereof,  the 
purchaser  icill  be  obliged  to  keep  them  with  all  faults. 

4.  Horses  sent  in  for  sale  warranted,  must  be  entered  as  such, 
to  prevent  disputes ;  and  each  lot  sold  vpithout  warranty,  to  be 
taken  with  all  faults. 

5.  Each  lot  intended  for  sale  will  be  entered  in  the  books,  with 
the  proprietor's  name,  residence,  and  price,  on  their  reception. 
The  seller  to  pay  two  shillings  and  sixpence  for  each  lot  putting 
up,  if  not  sold ;  and  for  selling  by  public  auction,  five  per  cent, 
commission,  with  a  duty  of  twelve-pence  in  the  pound  ;  and  for 
selling  by  private  sale,  one  shilling  in  the  pound,  if  the  lot  is  sold 
either  by  the  auctioneer  or  proprietor,  provided  the  customer  is 
found  on  the  premises. 

6.  The  purchaser  is  immediately  to  give  in  his  name  and  resi- 
dence, with  a  deposit  of  five  shillings  in  the  pound  on  the  amount 
of  his  purchase,  and  to  pay  the  remainder  of  the  purchase-money 
before  the  lot  or  lots  shall  be  delivered. 

Y.  No  money  will  be  paid  to  the  proprietor,  unless  the  lots  are 
cleared  by  the  purchaser  :  and  the  auctioneer  will  not  be  answer- 
able for  any  deficiency  that  may  arise  by  the  re-sale  of  uncleared 
property. 

As  to  piroperiy  sold,  either  by  auction  or  private  contract. 
8.  On  all  property  remaining  uncleared  until  the  ensuing  sale 


414  APPENDIX. 

day,  the  deposit  shall  be  forfeited,  and  such  property  shall  be  im- 
mediately liable  to  be  re-sold  by  public  or  private  sale  ;  and  all 
deficiencies  and  expenses  occasioned  by  such  defaults,  and  attend- 
ing such  re-sales,  must  be  made  good  by  the  defaultei-s. 

The  owners  of  property  sold  may  receive  their  respective 
balances,  by  calling,  or  sending  proper  orders  in  writing,  on  the 
following  Monday,  from  ten  until  four  o'clock. 

Conditions  of  sale  at  Mr.  Robinson's  in  Little 
Britain.     The  sale  day  is  Thursday. 

1.  The  highest  bidder  to  be  the  buyer,  and  if  any  dispute  arise 
between  two  or  more  bidders,  the  same  shall  be  put  up  again  and 
re-sold. 

2.  No  person  to  advance  less  than  five  shillings  above  five 
pounds,  ten  shillings  and  sixpence  above  ten  pounds,  and  so  on  in 
proportion. 

3.  The  purchasers  to  give  in  their  names  and  places  of  abode, 
and  pay  down  five  shillings  in  the  pound  as  earnest,  and  in  part 
of  payment ;  upon  failure  of  which  the  lot  may  be  put  up  again, 
and  re-sold. 

4.  The  lots,  if  moveable,  to  be  taken  away  on  the  day  of  sale  at 
the  buyer's  expense,  and  the  remainder  of  the  purchase-money 
absolutely  paid  on  or  before  delivery. 

5.  Houses,  buildings,  land,  leases,  or  fixtures,  to  be  paid  for 
within  seven  days. 

6.  Upon  failure  of  complying  with  the  above,  the  money  de- 
posited in  part  of  payment  shall  be  forfeited ;  the  property  may  be 
re-sold  by  public  or  private  sale  ;  and  the  deficiency  (if  any)  on 
such  re-sale,  together  with  all  expenses  attending  the  same,  shall 
be  made  good  by  the  defaulter. 

7.  If  any  person  purchase  a  lot,  and  not  pay  for  it  agreeably  to 
the  fourth  and  fifth  conditions,  nothing  contained  in  the  sixth 
shall  prevent  the  auctioneer,  or  owner  of  the  property,  from  com- 
pelling him  to  do  so. 


APPENDIX.  415 

8.  No  horse,  or  other  property,  sold  warranted  in  any  respect, 
■will  be  taken  back,  if  not  answering  the  warranty,  unless  returned 
before  six  o'clock  in  the  evening  of  the  second  day  from  the  day 
of  sale  ;  if  houses,  buildings,  land,  leases,  or  fixtures,  seven  days  ; 
as  at  the  expiration  of  that  time  the  auctioneer  is  bound  to  pay 
over  the  proceeds  to  the  original  owner  ;  and  all  horses  or  other 
property,  sold  without  warranty,  must  be  kept  with  all  faults. 

9.  The  auctioneer  will  not  be  answerable  for  any  deficiency  that 
may  from  any  cause  arise  on  uncleared  property,  unless  he  receives 
it  of  the  defaulter. 

10.  T|ie  owner  shall  be  entitled  to  receive  the  purchase-money 
on  the  third  day  from  the  sale,  provided  the  auctioneer  shall  have 
received  the  same,  or  delivered  the  property  out  of  his  custody ; 
and  provided  also,  that  such  property  has  not  been  returned  to 
him  under  the  eighth  condition. 

11.  The  auction  duty  and  all  ot.ier  expenses  to  be  paid  by  the 
seller. 

Lastly,  all  horses,  carriages,  fee,  brought  to  this  repository  for 
sale,  and  sold  either  by  Mr.  Robinson  or  the  owner  of  the  property, 
shall  pay  the  usual  commission ;  and  no  person  shall  take  away 
his  horses,^  carriages,  &c.,  until  the  keep,  commission,  and  other 
expenses  are  paid,  whether  sold  by  public  auction,  or  private  con- 
tract, or  not  sold. 

Conditions  of  sale,  public  or  private,  at  Allen's, 
(late  Morris's,)  Repository,  in  St.  Martin's  Lane. 
The  sale  day  is  Wednesday. 

1.  The  highest  bidder  to  be  the  buyer,  and  if  any  dispute  arise 
between  two  or  more  bidders,  before  the  lot  is  returned  into  the 
stable,  the  lot  so  disputed  shall  be  put  up  again  and  re-sold. 

2.  No  person  to  advance  less  than  five  shillings  above  five 
pounds,  ten  shillings  above  ten  pounds,  and  so  on  in  proportion. 

3.  The  purchasers  to  give  in  their  names  and  places  of  abode, 


416  APPENDIX. 

to  pay  down  five  shillings  in  the  pound  as  earnest  and  in  part  of 
payment ;  upon  failure  of  which  the  lot  so  purchased  may  be  im- 
mediately put  up  again  and  re-sold,  if  the  auctioneer  chooses. 

4.  The  lots  to  be  taken  away  within  one  day  after  the  sale,  at 
the  buyer's  expense,  and  the  remainder  of  the  purchase-money  to 
be  paid  before  the  lot  is  delivered. 

5.  Upon  failure  of  complying  with  the  above,  the  money  de- 
posited in  part  of  payment  shall  be  forfeited  to  the  owner  of  the 
lot,  he  paying  thereout  all  just  expenses;  the  lot  shall  be  re-sold 
by  public  or  private  sale,  and  the  deficiency  (if  any)  attending 
such  re-sale,  must  be  made  good  by  the  first  purchaser. 

6.  If  any  person  shall  purchase  a  lot,  and  not  paj^  for  it  within 
the  time  limited  in  the  fourth  condition,  nothing  contained  in  the 
fifth  shall  prevent  the  auctioneer  or  owner  of  the  lot  from  com- 
pelling the  purchaser  to  pay  for  it,  if  the  auctioneer  or  seller 
should  choose. 

7.  The  vendor  shall  be  entitled  to  receive  the  money  for  lots 
on  the  third  day  from  the  sale,  provided  the  auctioneer  shall  have 
received  the  purchase-money,  or  delivered  the  lot  out  of  his 
custody. 

8.  The  purchaser  of  any  lot,' warranted  in  any  respect,  who 
shall  conceive  the  same  not  to  answer  the  warranty,  shall  return 
it  on  or  before  five  o'clock  in  the  evening  of  the  second  day  from 
the  sale,  otherwise  the  purchaser  shall  be  obliged  to  keep  it  with 
all  faults. 

9.  The  King's  tax  to  be  paid  by  the  seller. 

Lastly,  all  horses,  carriages,  &c.,  brought  to  this  repository  for 
sale,  and  sold  either  by  Mr.  Allen  or  the  owner  of  the  lot,  shall 
pay  the  usual  commission  ;  and  no  person  shall  take  his  horses, 
carriages,  &c.,  until  the  keep,  commission,  and  other  expenses  are 
paid,  whether  sold  by  public  auction,  or  private  contract,  or  are 
not  sold. 


APPENDIX.  417 

There  is  only  one*  other  horse  repository  in  the 
metropolis,  Mr.  Alexander's,  of  Chiswell  Street.  I 
have  applied  to  him  for  his  conditions  of  sale,  to 
publish  in  this  Appendix,  but  I  have  not  been  able 
to  obtain  them.  I  believe  them  to  be  very  similar 
to  those  which  I  have  given. 

*  "While  tills  edition  was  passing  through  the  press,  I  first  heard  of  Mr.  Dyer's 
commission  stables  in  Worship  Steeet.  I  am  not  acquainted  with  Mr.  Dyer,  Lut 
Mr.  East,  who  I  believe  superintends  his  business,  has  been  known  to  me  for 
many  years,  and  is  a  very  respectable  man. 


30 


INDEX. 


In  the  followiny  Index^  all  the  subjects  vtwe  particularly  connected 
with  the  law  of  horse-dealing^  are  arranged  under  the  head  of  war- 
KANTY,  though  not  properly  falling  under  that  term.  This  course  has 
been  taken  to  render  the  reference  more  convenient  to  professional  jnen. 

Advertisements,  their  character,  29,  45,  1G2,  232. 

Action,  see  Horse's  Paces. 

Age  of  Horses,  143,  183,  312,  349. 

Agent,  see  Warranty. 

Anderson,  Mr.,  52. 

Auctions,  their  character,  230,  see  also  Warranty. 

Auctioneers,  see  Warranty. 

Bars,  exphiined,  81. 

Blemish,  not  unsoundness,  59,  108. 

Blindness,  139. 

Bog-spavin,  122. 

Bone-spavin,  120. 

Broken-knees,  108,  216. 

Capped-hock,  124. 
Cataract,  139. 

Chest-founder,  115,  340,  354. 
Chill,  207. 


INDEX.  419 

Cleanliness,  its  importance  in  stables,  188. 

Cleeve's,  Mr.,  treadmill  for  cutting  chaff,  202. 

Clipping,  196. 

Cobs,  their  description,  12,  65. 

Coffin-bone,  85. 

Cold,  146. 

Coleman,  Professor,  86.  * 

Conditions  of  sale,  notice  of  to  purchaser,  375  ;  see  Warranty. 

Contract,  see  Warranty. 

Corns,  90,  356. 

Coronary  ring  and  ligament,  explained,  80. 

Coronet,  explained,  80. 

Cough,  115,  343. 

Coughing  a  Horse,  its  object,  116. 

Cow-hocked,  or  cat-hocked,  explained,  70. 

Crib-biting,  152,  309,  351 ;  its  effects,  ib. 

Crust,  81, 

Curb,  123. 

Cutting  or  interfering,  102. 

Damages,  380,  see  "Warranty. 
Dealers,  their  tricks,  37,  76,  180. 
Delivery,  see  Warranty. 
Disease,  hereditary,  353. 
Distress,  treatment  in  cases  of,  209. 
Dixon's  Repository,  see  Appendix. 
Dragging  the  ground,  explained,  69. 
Dropping,  explained,  72,  99. 
Dye,  Mr.,  51. 

Earnest,  payment  of,  see  Warranty. 
Elmore,  Mr.,  51. 

Eye,  its  construction,  130;  difference  from  the  human  eye,  131, 
135  ;  examination  of  the  sight,  138. 


420  INDEX. 

Evidence  of  a  former  seller,  with  warranty,  admissible,  sed  quaere, 
379. 

Farcy,  146. 

Farriers,  horse-dealing  with,  44. 

Feeding  a  horse  for  sale,  25. 

Feet,  their  form,  &c.,  79;  malformation,  mode  of  judging  of,  87; 

stopping,  199. 
Fetlock  joint,  93. 
Fever,  213. 

Field,  Mr.,  177  ;  see  introductory  chapter. 
Founder,  86. 
Fraud,  see  Warranty. 
Frog,  81. 


Glanders,  145  ;  in  the  human  subject,  147. 

Goggles,  353. 

Grease,  124. 

Grogginess  explained,  71. 

Hackney,  the  fair  price,  22  ;  vide  introductory  chapter. 

Hammer  and  click,  cause  of  the  defect,  69. 

Hand-rubbing,  192. 

Haw,  its  construction,  136. 

Heels,  82. 

Hereditary  disease,  353. 

Hoof,  its  form,  &c.,  80  ;  colour  important,  92  ;  temperature,  lOG. 

Horse. 

apparent  strength  and  size  important,  63.  ^ 

paces,  mode  of  judging,  67. 

action  described,  67. 

height,  mode  of  judging,  72. 

courage,  a  useful  quality,  73. 

form  of,  important,  120,  155. 


INDEX.  421 

Horse,  continued, 

for  draught,  155. 

treatment  of,  182  ;  at  sea,  192  ;  after  travelling,  194, 

dressing,  190. 

clothing,  195. 

leg-bandaging,  197. 

clipping,  195. 

exercise,  197. 

diet,  200  ;  of  sick  horses,  209. 

vicious,  the  management  of,  223  ;  and  seq.,  also  388. 
Horseman's  Manual,  vide  note,  330. 
Hunters,  their  fitness  for  the  road,  14,  QQ. 

Inflammation,  89,  324  ;  indicated  by  the  eye,  140  ;  symptoms,^^09  ; 

treatment,  212,  213,  214. 
Inn-keepers,  391 ;  see  Warranty. 

Kenrick,  Mr.,  52. 

Knee-joint,  observations  to  be  made  before  purchasing,  1 08  &  seq. 

Lameness,  111;  slight  lameness,  127;  after  shoeing,  215;  tempo- 
rary, 337  ;  unsoundness,  337. 
Lawrence,  Mr.  John,  his  definition  of  soundness,  329. 
Livery  stable-keepers,  389  ;  see  Warranty. 
Local  injury,  treatment  of,  214. 

Mares,  not  safe  for  harness,  160. 

Masters,  gee  Warranty. 

Mavor,  Mr.,  his  definition  of  soundness,  330  ;  vide  note. 

Morris's  (now  Allen's)  sale  yard,  231 ;  see  Appendix. 

Navicular  bone,  83. 
Nerving,  350. 

Ophthalmia,  350. 

Osborn,  Mr.,  103,  401 ;  see  also  Appendix  and  introductory  chapter. 

36* 


422  INDEX. 

Park-horses,  15. 

Pastern,  74. 

Patent  delects  not  covered  by  warranty,  307,  347,  348. 

Pulsation,  209. 

Purchaser. 

the  precautions  to  be  taken  by,  17,  79,  150,  155,  174,  296, 
314,  et  passim. 

his  best  course  to  buy,  49  and  seq. 

precaution  on  buying  for  harness,  154,  155,  160. 

caution  on  returning  a  horse,  177. 

Quittor,  357. 

Refuel  of  food,  unsoundness,  357, 

Rent,  liability  of  horses  at  livery  to  distress  for,  388. 

Return,  359,  see  Warrant}-. 

Rheumatism,  114. 

Riders,  hints  to  timid,  225. 

Ringbone,  its  indications,  74. 

Robinson's  Repository,  see  Appendix. 

Roaring,  117,  315,  339,  368. 

Running  thrush,  90. 

Sand-crack,  88,  357. 
Seller. 

conduct  to  be  observed  on  the  sale  of  horses,  317,  398  &  seq. 

liability  to  strangers  on  fraudulent  sale  of  a  vicious  horse,  400. 
Sewell,  Professor,  87,  98,  176,  199,  334,  350. 
Shape,  badness  of,  not  unsoundness,  355. 
Shoeing,  with  leather,  199  ;  the  principle  of  shoeing,  85. 
Sinews,  back,  97. 
Sole,  82. 

Sore  back,  151,  215. 
Soundness,  defined,  327  and  seq. 
Spavin,  indicated  by  cutting,  103  ;  unsoundness,  357. 


INDEX.  423 

Speedy  cut,  42. 

Splents,  98,  34G. 

Stables,  their  construction  and  arrangement,  184  and  seq. 

Stolen  horses,  265,  see  Warranty. 

Stopping  the  feet,  199. 

Statute  of  Frauds,  see  Warranty. 

Strains,  treatment  of,  217. 

Strangles,   147. 

String-halt,  125. 

Sunday,  dealing  on,  see  AVarranty,  260. 

Swelled  leg,  125,  190. 

Taplin,  Mr.  his  definition  of  soundness,  329. 

Tattersall,  Mr.  403,  see  Appendix. 

Teeth,  143. 

Temporary  lameness,  357. 

Thompson,  Mr.  156,  160. 

Thorough-pin,  123,  367. 

Thrush,  see  Running  Thrush. 

Travellers,  hints  to  Equestrian,  204. 

Unsoundness,  summary  of  decided  cases,  356  and  seq. 

Veterinary  College,  211. 

Vice,  153,  401. 

Viewing  horses,  morning  the  best  time,  127. 

Warranty. 

a  principle  of  construction  suggested,  356  and  seq. 
express, 

what  is,  267. 

vendor   undertakes  it  is  true   at  the  time  of  making  it, 

370. 
must  be  express,  or  fraud  must  have  been  practised  to 

maintain  an  action,  281. 
what  amounts  to,  299  and  seq. 


424  INDEX. 

Warranty,  continued. 

sale  made  on  faith  of,  period  of  time  when  given,  immate- 
rial, 28G,  287. 

when  written,  no  agreement  stamp  required,  299. 

patent  defects  in  a  horse  not  covered  by,  307. 

may  be  either  verbal  or  written,  309. 

both  vendor  and  purchaser  held  strictly  to  the  terms  of, 
310. 

distinguished  from  honafide  representations,  313. 

after  purchase  is  invalid,  314. 

what  amounts  to  acknowledgment  of  warranty  given, 
314. 

given  at  seller's  peril,  whether  he  knows  of  unsoundness 
or  not,  318. 

continuing,  explained,  343. 

remedy  for  breach  of,  359. 

value  of,  in  respect  of  price,  400. 

implied,  271 

definition  of,  300. 

when  particular  article  required,  267. 

of  soundness,  cannot  be  implied  in  horse-dealing,  269. 

cases  of,  271  and  seq. 

distinguished  as  regards  commodities  of  fixed  value,  and  a 
horse,  274. 

continuing,  344. 

Agent. 

employed  to  sell,  may  exercise  a  discretion  in  warranting, 
316. 

may  warrant  contrary  to  his  employer's  instructions,  ib. 

and  will  fix  his  employer,  318. 

in  what  cases,  ib. 

distinction  between  servant  of  a  horse-dealer  and  another,  319. 

authorized  to  sell,  has  implied  authority  to  receive  the  pro- 
ceeds, in  the  absence  of  advice  to  the  contrary,  378. 


INDEX.  425 

Auction. 

when    puffers   are    employed    without    its    being    declared, 

purchasers  caunot  be  compelled  to  complete  the  contract, 
376. 

■when  the  conditions  of  sale  are  declared  to  be  "  the  usual 
conditions,"  purchaser  bound  to  take  notice  of  them,  if 
posted  in  a  conspicuous  place,  372. 

not  so,  if  fixed  up  in  a  private  yard,  ib. 
Auctioneer. 

is  the  lawfully  authorized  agent  of  both  parties,  259. 
Contract. 

what  is  suflacient  within  the  Statute  of  Frauds,  256,  257. 

must  be  signed  either  by  the  parties  or  their  agents,  256. 

agent  need  not  possess  authority  in  writing,  257. 

sufficient  authority  if  sustained  by  the  circumstances  in  which 
he  is  placed,  ih. 

exact  terms  of  warranty  should  be  included  in,  309. 

difference  between  contract  relating  to  land  and  goods,  256. 

all  representations  previously  made,  should  be  introduced 
into,  289,  290. 

otherwise  purchaser  bound  by,  290. 
Damages,  measure  of,  324,  380. 
Delivery  within  the  Statute  op  Frauds. 

definition  of,  244. 

may  be  either  actual  or  constructive,  245. 

what  constitutes  an  actual,  ih. 

when  need  not  be  actual,  248. 

what  constitutes  a  constructive,  ib. 

question  of,  treated  with  strictness  by  the  courts,  ib. 

when  purchaser  writes  his  name  on  article,  ib. 

difference  where  he  puts  a  mark,  251. 

to  a  party  named  by  purchaser  sufficient,  254. 
Earnest,  Payment  op. 

definition  of,  255,  256. 


426  ■         INDEX. 

Earnest,  Payment  of,  continued. 

no  unwritten  contract  for  goods  above  £10  good  withoutj 

244. 
except  buyer  receive  the  goods  sold,  244. 
constructive  payment  of  earnest,  not  sufficient,  256. 
difference  between,  and  part  performance,  ib. 
Evidence. 

in  an  action  on  a  warranty,  purchaser  must  prove  the  horse 

to  have  been  unsound  at  the  time  sold,  324. 
it  is  not  sufficient  to  induce  suspicion,  ib. 
of  breach  of  warranty,  admissible  to  reduce  damages,  359. 
of    a   former   seller,    with    warranty   admissible,    without   a 

release,  379 ;  but  this  decision  doubtful,  ib, 
parole,  when  admissible. 
Fraud. 

representations  made  at  the  time  of  sale,  if  fraudulent,  make 

the  seller  liable,  271. 
avoids  a  contract,  ab  initio,  ib. 

when  the  seller  is  not  liable  for  false  representations,  288, 
distinction  between  false  representations  of  facts  and  opinion, 

296. 
will  avoid  the  sale  of  a  horse  with  a  warranty,  though  it  is 

not  on  any  point  included  in  warranty,  298. 
doubtful,  if  it  is  competent  to  a  buyer  to  object  to  sale  on 

account  of,  at  any  time,  302.  -^ 

if  purchaser,  after  discovery  of,  deals  with  the  article  as  his 

own,  he  cannot  repudiate  the  contract,  304. 
discovery  of  a  second  fraud  does  cot  revive  his  right  to  repu- 
diate contract,  ib. 
Inn-keeper. 

has  a  lien  upon  the  horse  for  his  keep,  unless  known  to  have 

been  illegally  obtained,  388. 
compellable  by  law  to  take  in  strangers  and  their  cattle,  ib. 
horses  placed  in  stables  of,  not  liable  to  distress  for  rent,  391 
his  general  responsibility,  392. 


INDEX. 


427 


Jobmaster. 

liable  for  the  acts  of  his  servant,  394,  395. 
Livery  Stable-keeper. 

not  compellable  to  take  in  horses,  389. 

has  no  lien  upon  the  horses,  except  by  special  agreement,  389. 

horses  placed  in  stables  of,  liable  to  distress  for  rent,  391. 
Masters,  see  Agent. 
Return. 

horse,  in  no  instance,  can  be  returned  for  breach  of  warranty, 

359  and  seq. 
unless  there  is  a  stipulation  in  contract,  362. 
and  then  as  soon  as  defects  discovered,  364. 
unless  induced  by  seller  to  prolong  the  trial,  367. 
action  lies  for  breach  of  warranty,  without  return,  or  notice 
of  unsoundness,  368. 
Trial  on  purchase. 
Statute  of  Frauds,  (29  Char.  II.,  cap.  3rd.) 

construction  of,  in  reference  to  agency  of  auctioneer,  259. 

authority  of  agent  to  sign  a  memorandum,  ih. 

what  is  a  sufficient  memorandum,  within,  257. 

may  be  signed  by  parties  or  their  agents,  ib. 

auctioneer  is  an  agent  of  both  parties,  ih. 

no  contract  for  sale   of  any  goods  above   £10,  valid  under, 

244. 

unless  part  accepted,  ih.,  and  acceptance  must  be  unequivo- 
cal, 254. 

or  earnest  money  given,  244. 

unless  a  note  or  memorandum  made,  ih. 

signed  by  both  parties,  ih. 

or  their  agents,  ib. 

Stolen  Horses. 

no  title  can  be  made  to,  265. 

restitution  secured  by  21  Hen.  VIH.,  cap.  2,  264. 

may  be  ordered  in  a  summary  way,  ih. 


428  '  "        INDEX. 

Stolen  Horses,  continued. 

under  (Peel's  Act)  7  and  8  Geo  IV.  cap.  29,  ib. 

may  be  enforced  against  any  party  in  whose  possession  they 

are,  except  where  purchased  in  market  overt,  ib. 
as  to  sale  of  stolen  horses  in  fairs  and  markets,  ib. 
horses  may  be  recovered  within  six  months  after  sale  in  overt 

market,  266. 
by  summary  process  before  a  magistrate,  on  tender  of  price 
bona  fide  paid,  and  so  far  differ  from  other  stolen  goods, 
267. 
in  what  cases  magistrates  have  no  power  to  order  re-delivery, 
ib. 
Sunday. 

bargains  made  on,  void  if  in  pursuit  of  ordinary  calling,  259, 

260. 
when  not  void,  ib. 
action  cannot  be  maintained  by  dealer,  on  contract  made  on, 

261. 
vendor  not  allowed  to  set  up  in  answer  to  an  action  on  the 
warranty,  that  he  was  a  dealer,  and  that  the  horse  was  sold 
on  a  Sunday,  262. 
but  buyer  must  not  be  aware  of  vendor's  profession,  ib. 
when  subsequent  promise  to  pay  sufficient,  though  the  con- 
tract was  made  on,  ib. 
Wimbush,  Mr.,  52. 
Wind,  114. 
Windgalls,  96. 

Woodin,  Mr.,  86,  vide  also  introductory  chapter  and  preface. 
Work. 

the  description  required,  an  important  consideration,  20. 
its  effects  occasioned  by  a  loss  of  appetite,  27. 
change  in  its  usual  character  prejudicial,  333. 


LIST   OF   CASES   QUOTED. 


Page. 

Adam  v.  Richards,    -  -  306 

Alexander  y.  Gibson,  -  318 

Ashbourne  v.  Price,  -  321 

Atterbiiry  v.  Fairmaner,  -  354 

Baglehole  v.  Walters,  -  280 

Baldey  v.  Parker,      -  -  251 

Baldwin  v.  Dixon,     -  -  380 

Bassett  v.  Collis,        -  -  340 

Bajley  v.  Merrel,       -  -  308 

Beedle  v.  Morris,       -  -  393 

Best  V.  Osborne,        -  -  374 

Bexwell  V.  Christie,  -  -  378 

Biss  V.  Mountain,      -  -  380 

Blenkinsop  v.  Clayton,  -  255 

Bloxsome  v,  Williams,  -  262 

Bluett  V.  Osborne,     -  -  268 

Bramley  v.  Alt,          -  -  377 

Bray  v.  Mayne,          -  -  386 

Brett  V.  Lovett,          -  -  305 

Bridge  v.  Wain,         -  -  274 

Briggs  V.  Crick,         -  -  379 

37 


Page. 

Broadwater  v.  Blot,            -  394 

Broennenburg  v.  Haycock,  351 

Brown  v.  Edgington,          -  273 

Buchanan  v.  Parnshaw,    -  373 
Budd  V.  Fairmaner,   -     289,  349 

Bywater  v.  Richardson,     -  356 

Camoys  (Lord)  v.  Scur,     -  357 

Campbell  v.  Fleming,         -  304 

Capel  V.  Thornton,    -         -  378 

Carter  v.  Touissant,           -  248 

Caswell  V.  Coare,      -         -  380 

Cave  V.  Coleridge,     -         -  301 

Cellis  V.  Mortimer,    -         -  372 

Champion  v.  Plummer,      -  258 

Chandelor  v.  Lopus,           -  284 

Chanter  v.  Hopkins,           -  276 

Chaplin  v.  Rogers,    -         -  249 

Chesterman  v.  Lamb,      371,  381 

Clifton  V.  Walmesley,        -  293 

Clinan  v.  Cooke,       -         -  257 

Coggs  V.  Bernard,     -         -  394 


430 


LIST  OF  CASES  QUOTED. 


Page. 

Page. 

Coles  V.  Trecothick, 

-     259 

Fennel  v.  Ridler, 

-     262 

Coltherd  v.  Puncheon, 

-     311 

Fielder  v.  Starkin,    - 

-     370 

Conolly  V.  Parsons, 

-     376 

Fingall  (Lord)  v.  Ross, 

-     257 

Cooper  V.  Barton,      - 

-     387 

Fleming  v.  Simpson, 

-     269 

Cormack  v.  Gillis,     - 

-     363 

Fletcher  v.  Bowsher, 

-     275 

Cornfoot  v.  Fowke,  - 

-     322 

Francis  v.  Wyatt, 

-     392 

Crosier  v.  Tomkinson, 

-     392 

Cross  V.  Andrews,     - 
Crowder  v.  Austin,  - 
Curtis  V.  Hannay,      - 

-  392 

-  376 

-  361 

Gardiner  v.  Gray,     - 
Garment  v.  Barrs,     - 
Geddes  v.  Pennington, 

-  274 

-  342 

-  311 

Dawes  v.  King, 
Dean  v.  Keate, 
De    Sewhanberg    v.    Bu 

-  280 

-  387 

Gompertz  v.  Denton, 
Graham  v.  Musson, 
Gray  v.  Cox,    - 
Grimson  v.  Woodfall, 

-  359 

-  259 

-  277 

-  263 

chanan,     - 
Dickinson  v.  Gapp,   - 

-  313 

-  313 

Gunnis  v.  Erhart, 

-     376 

Dickinson  v.  Follett, 
Dobell  V.  Stevens,     - 
Drury  v.  De  Montaine, 
Dunlop  V.  Waugh,     - 
Dutton  V.  Solomonson, 
Dyer  v.  Hargrave,     - 

-  355 

-  301 

-  261 

-  289 

-  255 

-  308 

Handford  v.  Palmer, 
Hart  V.  Sattley, 
Hern  v.  Nicholls, 
Hodgson  V.  Le  Bret, 
Hollyc  ar  v.  Hawkes, 
Hopkins  v.  Appleby, 

-  385 

-  254 

-  272 

-  250 
283,316 

-  373 

Earl  V.  Patterson,      - 
Eaves  v.  Dickson,     - 

-  350 

-  324 

Horwood  V.  Smith,  - 
Howard  v.  Castle,     - 

-  265 

-  376 

Egerton  v.  Matthews, 

-     258 

Elmore  v.  Kingscote, 

-     258 

Jackson  v.  Cummings, 

-     390 

Elmore  v.  Stone, 

-     246 

Jeffrey  v.  Walton,     - 

-     292 

Elton  V.  Brogden,     - 

-     328 

Jelly  V.  Clerk, 

-     392 

Emanuel  v.  Dane,      - 

-     363 

Jewdwine  v.  Slade,  - 

-     288 

Evans  v.  Bicknell,     - 

-     287 

Johnson  v.  Hill, 

-     388 

Eyre  v.  Dunsford, 

-     287 

Jolliff  V.  Baudel, 

-     353 

Jones  V.  Pearl, 

-     393 

Fenn  v.  Harrison, 

-     319 

Joseph  V.  Adkins,     - 

-     267 

LIST  OF  CASES  QUOTED. 


431 


Kain  v.  Old,  - 
King  V.  Boston, 
King  V.  "Wheatley,     - 

Laing  v.  Fidgeon,     - 
Larbalistier  v.  Clarke, 
Leak  v.  Morrice, 
Lewis  V.  Peake, 
Liddard  v.  Kain, 

Maine  v.  Melbourne, 
Malins  v.  Freeman,  - 
Margetson  v.  Wright, 
M'Kenzie  v.  Hancock, 
Mellish  V.  Motten,  - 
Mesnard  v.  Aldridge, 
Miles  V.  Sheward,  - 
Morish  v.  Foote, 
Morton  v.  Beddington, 

NichoUe  v.  Plume,    - 

Okell  V.  Smith, 
Onslow  V.  Fames,     - 

Packer  v.  Gillies, 
Parker  v.  Patrick,     - 
Parkinson  v.  Lee, 
Pasley  v.  Freeman,  - 
Patteshall  v.  Tranter, 
Payne  v.  Whale, 
Pennefather  v.  Locke, 
Percival  v.  Blake,     - 


Page.  I 

Page. 

-      290  1 

Pickering  v.  Busk,    - 

- 

319 

-     364  j 

Pickering  v.  Dowson, 

- 

280 

-     306 

Power  V.  Wells, 

- 

363 

Prosser  v.  Hooper,    - 

- 

279 

-     273 

-     380 

Quarman  v.  Barnett, 

- 

361 

-     257 

-     326 

Richardson  v.  Brown, 

- 

313 

-     344 

Roswuel  V.  Yaughan, 

- 

284 

-     257 

Salmon  v.  Ward, 

. 

301 

-     377 

Samuel  v.  Wright,    - 

- 

S87 

309,  347 

Scheider  v.  Heath,    - 

- 

281 

-     382 

Schneider  v.  Norris, 

- 

258 

-     279 

Scotland  (Bank)  v.  Watson, 

319 

-     372 

Selway  v.  Fogg, 

- 

305 

-     384 

Shepherd  v.  Kain,     - 

- 

275 

-     380 

Shillito  V.  Claridge, 

328 

,  345 

-     352 

Skrine  v.  Elmore, 

- 

300 

Smith  V.  Lawrence, 

- 

388 

-     254 

Springwell  v.  Allen, 

- 

288 

Steward  v.  Coesvelt, 

- 

299 

-     364 

Street  v.  Blay, 

371 

,  359 

-     340 

Strode  v.  Dyson, 

- 

319 

Stuart  V.  Wilkins,     - 

- 

307 

-     264 

Symonds  v.  Carr, 

- 

323 

-     265 

-     281 

Tapp  V.  Lee,     - 

- 

283 

-     284 

Tempest  v.  Fitzgerald, 

- 

254 

370,  383 

Thompson  v.  Macirone 

- 

253 

-     314 

Tollitt  V.  Shenstone, 

- 

391 

-     390 

Tomlin  v.  Bowse,      - 

- 

320 

-     303 

Towers  v.  Barrett, 

31€ 

,369 

432 


LIST  OF  CASES  QUOTED. 


Page. 

Vernon  v.  Keys, 

-     287 

Wallace  v.  Woodgate, 

-     389 

Watt  V.  Evans, 

-     257 

Weston  V.  Downs,     - 

-     316 

Williams  v.  Paul,      - 

-     263 

Williamson  v.  Allison, 
Woodin  V.  Burford, 
Wood  V.  Smith, 
Wright  V.  Percival,  - 

York  V.  Grinstone,    - 


Page. 

-  288 

-  319 
283,  300 

-  252 

-  393 


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may  be  read  with  profit. 

[^North  American.] 
This  work  is  too  well  known,  and  too  highly  appreciated  by 
the  literary  world  to  require  eulogy. 

[^Hallam.] 
So  long  as  an  unaffected  style  and  good  nature  shall  charm — so 
long  as  the  lovers  of  desultory  and  cheerful  conversation  shall 
be  more  numerous  than  those  who  prefer  a  lecture  or  a  sermon, 
so  long  as  reading  is  sought  by  the  many  as  an  amusement  in 
idleness,  or  a  resource  in  pain — so  long  will  Montaigne  be  among 
the  favorite  authors  of  mankind. 


[5] 

THE  KORAN,  commonly  called  tlie  Alcoran  of  Mahom- 
med;  translated  into  English  immediately  from  the 
original  Arabic,  with  Explanatory  Notes,  taken  from 
the  most  approved  Commentators.  To  which  is  prefixed 
a  preliminary  discourse  by  George  Sale,  gent.  A  new 
edition,  with  a  Memoir  of  the  Translator,  and  with 
various  readings  and  illustrative  notes  from  Savery's 
Version  of  the  Koran.  1  vol.  8vo.,  cloth.  Numerous 
maps  and  plates,  $2.50. 

[Louisville  Journal.'] 
This  work  is  too  well  known  to  require  a  lengthy  eulogy,  and 
no  library,  public  or  private,  is  complete  without  this  celebrated 
and  interesting  work.  The  publisher  has  spared  no  pains  to  make 
this  an  attractive  work,  being  the  sixth  edition,  printed  on  fine 
paper  with  numerous  maps. 

WALKER'S  MANLY  EXERCISES.  Containing  Row- 
ing, Sailing,  Riding,  Driving,  Racing,  Hunting,  Shooting, 
and  other  Manly  Sports,  the  whole  carefully  revised  or 
written  by  "  Craven,"  from  the  Ninth  London  Edition, 
embellished  with  44  beautiful  engravings.  12mo.  neatly 
bound,  $1.25. 

KNAPFS   LECTURES    ON    CHRISTIAN    THEOL- 

OGrY.     Translated  by   Leonard  Wood,   Jun.,   D.    D., 

President  of  Bowdoin  College,  Brunswick,  Maine.    Sixth 

American  Edition,  $2.50. 

This  work  is  used  as  a  Text  Book  in  many  of  the  Theological 
Schools  in  the  United  States. 

CHAMBERS'  REPOSITORY  of  Instructing  and  Amus- 
ing Tracts,  a  Collection  of  choice  Miscellaneou^s  matter. 
Vols.  1  and  2  now  ready.  Fancy  boards,  38  cents ;  cloth, 
50  cents. 


L6] 

THE  COMPLETE  PROSE  WORKS  OF  JOHN  MIL- 
TON, with  a  Biographical  Introduction  by  Rufus  W. 
Grriswold.  Bound  in  2  vols.  8vo.,  and  also  one  thick 
8vo.  vol. 

This  is  the  only  edition  of  the  complete  prose  works  of  that 
highly  celebrated  author,  John  Milton,  that  is  published  in  this 
country,  and  it  is  needless  to  add  that  a  copy  should  be  found  in 
every  gentleman's  library,  and  no  public  institution  should  be 
without  a  copy. 

THE    CALCULATOR'S    CONSTANT    COMPANION 

for  Practical  Men,  Machinists,  Mechanics,  and  Engineers. 
By  Oliver  Byrne.     $1.00. 

l^From  the  Boston  Daily  Atlas.'] 

This  little  volume  is  well  adapted  to  its  object,  which  is  to  be 
a  labor-saving  machine  to  practical  men  in  making  the  necessary 
calculations  of  their  daily  business  avocations,  and  will  be  found 
highly  useful  for  all  kinds  of  mechanics  and  engineers. 

A  MANUAL  FOR  PRACTICAL  SURVEYORS,  con- 
taining methods  indispensably  necessary  for  Actual 
Field  Operations.  By  E.  W.  Beans,  Norristown,  Mont- 
gomery Co.,  Pa.  18mo.  cloth,  75  cents;  ISmo.  sheep, 
75  cents;  ISmo.  tucks,  $1.25. 

SCENES  AND  INCIDENTS  OF  THE  WESTERN 
PRAIRIES,  during  Eight  Expeditions,  and  including  a 
residence  of  nearly  nine  years  in  Northern  Mexico. 
Dlustrated  with  Maps  and  Engravings.  By  Josiah  Gregg. 

\^Inquirer.'\ 

The  author's  motive  in  the  above  work  is  to  convey  as  much 
information  on  the  subjects  treated  on  as  he  could  compass.  His 
descriptions  are,  therefore,  real  descriptions,  and  his  anecdotes 
real  anecdotes. 


en 

THE  INS  AND  OUTS  OF  PARIS;  or,  Paris  by  Day 

AND  Night.     By  Julie  de  Marguerittes.    Third  Edition. 

[Bostoji  Atlas.'] 

The  -tvriter  of  this  book  is  favorably  known  as  an  author,  and 
is  distinguished  for  her  literary  taste  and  easy  flowing  descrip- 
tive style. 

A  picture  of  Parisian  life  is  here  sketched  with  much  force  and 
beauty,  and  will  be  contemplated  with  its  different  forms  with 
absorbing  interest.  The  attentive  reader  will  gather  a  variety  of 
valuable  information  from  that  land  of  fashion  and  beauty  that 
attracts  &o  much  attention  for  its  wealth  and  refinement. 

The  book  is  published  in  an  attractive  form,  and  is  every  way 
worthy  of  the  subject  and  the  writer. 

[iVew  York  Despatch.'] 

Those  who  desire  to  have  an  insight  of  Parisian  life,  cannot 
fail  to  be  gratified  in  the  perusal  of  this  work.  It  is  both  enter- 
taining and  instructive,  and  may  be  relied  on  as  a  faithful  picture 
of  the°manners  and  customs  of  that  nation.  The  authoress  ex- 
hibits a  good  deal  of  sprightliness  in  her  composition,  and 
describes  many  incidents  in  a  most  agreeable  style.  The  work  is 
very  neatly  got  up  and  reflects  great  credit  on  its  publisher. 

\_City  Item.] 

This  is  one  of  the  most  readable  works  of  the  kind  that  we 
have  met  with  for  some  time.  Its  descriptions  of  Paris  life  and 
scenery  are  at  once  spirited,  graphic  and  piquant,  presenting  to 
the  imagination  of  the  reader  a  picture  altogether  life-like  and 
charming. 

SMITH'S  JUVENILE  DRAWING  BOOK,  containing 
the  rudiments  of  the  Art,  in  a  series  of  Progressive 
Lessons,  24  plates  of  subjects,  easily  copied.  Small  4to. 
cloth,  16th  edition,  75  cents. 

CHAMBERS'  MISCELLANY  of  useful  and  entertaining 
Tracts,  complete  in  20  vols.  Fancy  boards,  38  cents; 
10  vols,  cloth,  $7.50.  10  vols,  half  calf  and  morocco, 
$12.00. 


[  B] 

ADVENTURES  IN  THE  WILDS  OF  THE  UNITED 
STATES  AND  BRITISH  AMERICAN  PROVIN- 
CES. A  Book  for  the  Sportsman,  the  Angler, 
AND  THE  Lover  or  Nature.  By  Charles  Lanman, 
author  of  ^'Essays  for  Summer  Hours/'  ^'Private  Life 
of  Daniel  Webster/'  &c.  &c.,  with  an  Appendix  on 
"  Moose  Hunting  in  Nova  Scotia/'  by  Lieut.  Camp- 
bell Hardy.  In  two  elegant  8vo.  vols.,  neatly  bound  in 
cloth,  finely  illustrated.     Price  $5. 

\^Hear  what  Washington  Irving  says  of  it."] 
"  I  am  glad  to  learn  that  you  intend  to  publish  your  narrative 
and  descriptiA^e  writings  in  a  collective  form.  They  carry  us  into 
the  fastness  of  our  mountains,  the  depths  of  our  forests,  the  watery 
wilderness  of  our  lakes  and  rivers,  giving  us  pictures  of  savage 
life  and  savage  tribes,  Indians'  legends,  fishing  and  hunting  anec- 
dotes, the  adventures  of  trappers  and  backwoodsmen,  our  whole 
arcanum,  in  short,  of  indigenous  poetry  and  romance,  to  use  a 
favorite  phrase  of  the  old  discoverers,  they  lay  open  the  secrets 
of  the  country  to  us.  I  cannot  but  believe  your  work  will  be 
well  received,  and  meet  with  the  wide  circulation  which  it  as- 
suredly merits." 

[^Hear  what  the  Press  sag  of  it.} 

"  We  have  seldom  seen  a  writer  who  could  depict  natural 
scenery  more  gracefully  than  Mr.  Lanman.  He  seems  to  have 
that  genuine  love  for  nature  in  all  her  changing  aspects,  which 
suffers  none  of  the  lighter  touches  that  characterize  a  beautiful 
landscape  to  escape  him." — N.  Y.  Tribune. 

"  Mr.  Lanman  is  an  agreeable  writer — his  descriptions  of 
scenery  and  sporting  scenes  are  equal  to  those  of  any  American 
author.  He  has  an  ardent  love  for  the  grandeur  of  Nature  in  her 
primitive  wildness  ;  and  endeavors  to  seek  out  sports  where  ordi- 
nary travellers  do  not  find  their  way.  The  rod  and  gun  are  his 
companions  in  his  solitary  journeys,  and  Izaak  Walton  himself 
was  not  a  more  devoted  angler  than  Lanman." — Providence 
Journal. 

"  This  is  a  pleasant  addition  to  the  Sporting  Literature  of  the 
day ;  not  a  sportsman's  library  in  the  United  States  but  ought 
to  contain  it." — National  Intelligencer. 


[9] 

MY  PLAY  IS  STUDY :  A  book  for  Children.  Trans- 
lated from  tlie  German  by  L.  Lermont.  Illustrated  by 
4  beautiful  colored  plates.  Cloth,  62  cents  3  cloth  gilt, 
75  cents. 

EXAMPLES  OF  GOODNESS.  Narrated  for  the  Young. 
Translated  from  the  German.  Illustrated  by  4  beautiful 
colored  plates.     Cloth,  62  cents;  cloth,  gilt,  75  cents. 

IW  PRESS. 

THE  RIFLE  AND  THE  HOUND;  or,  Wild  Sports 
IN  Ceylon.  By  S.  W.  Baker,  Esq.  With  numerous 
Illustrations,  printed  in  colors  and  Engravings  on  Wood.^ 

This  Island  has  been  always  celebrated  for  its  elephants, 
but  the  other  branches  of  sport  are  comparatively  unknown  to 
strangers.  No  account  has  ever  been  written  which  embraces  all 
Ceylon  sports.  Anecdotes  of  elephant  shooting  fill  the  pages  of 
nearly  every  work  on  Ceylon  ;  but  the  real  character  of  the  Wild 
Sports  of  this  Island  has  never  been  described,  because  the  writers 
have  never  been  acquainted  with  each  separate  branch  of  the 
Ceylon  chase. 

One  fact  I  wish  to  impress  upon  all — that  the  coloring  of  every 
description  is  diminished  and  not  exaggerated,  the  real  scene  being 
in  all  cases  a  picture,  of  which  the  narration  is  but  a  feeble  copy. 


^liBbSler  Family  Library  of  Veterinary 

Cummings  School  of  Veterinary  Medidnsii 
Tufts  University 
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